Diana Lovejoy and Weldon McDavid listen to testimony in their attempted murder trial. Weldon McDavid is seated between attorneys Ricky Crawford and Brad Patton.

CanStock Photo, Inc., Vladstar

It all began with a late-night phone call from a mysterious stranger recounted Greg Mulvihill. It was the night of September 1, 2016, the night he was supposed to die according to the prosecution. On October 31, 2017, Greg Mulvihill took the witness stand in the trial of his ex-wife Diana Lovejoy, 45, and her weapons instructor and sometime lover, Weldon McDavid, 50. Both charged with conspiracy to commit murder and attempted murder, a jury was tasked with determining what really happened that September night. Was it a botched murder plot, or was it a plan for the higher good of saving a child from abuse?

Greg Mulvihill testifies about the night he was shot, and how he ran for his life.

In the San Diego courtroom of Judge Sim Von Kalinowski, all eyes and television cameras were glued on the 6’3” Mulvihill as he began reliving the night he was shot. At 10:44 p.m. on September 1, 2016, Mulvihill received a phone call from a man with a deep voice who identified himself as a criminal investigator hired by his ex-wife.The man told him he had documents he would want to see, evidence of him abusing his son which his ex-wife could use against him in court. He had to decide if he wanted to see these documents the man informed him. He would call back.

The ugly divorce and bitter custody battle between Diana Lovejoy and Greg Mulvihill had lasted two years and three months, and had drained both parties emotionally and financially. But at last, the end appeared in sight. A divorce settlement had been reached on June 27, 2016, and the final financial aspects would be completed by September 27, 2016. It had been a long road, starting with the temporary restraining order Mulvihill had been served with on July 9, 2014, in which Lovejoy alleged Mulvihill had sexually assaulted her, raised concerns of abuse of their young son, and claimed Mulvihill abused drugs. Mulvihill had been removed from the marital home that very day and all contact with his son immediately ceased. Denying the charges, he hired legal counsel and was eventually given supervised visitation, and in November of 2015, he had regained 50/50 custody. Now with this phone call, Greg Mulvihill feared his ex-wife was going to reopen the custody case. After all the time, money and emotional energy he had spent on the case, he decided he had no choice but to see the documents.

The man called again and informed him a package would be taped to a power pole off a dirt path on Avenida Soledad and Rancho Santa Fe Road. It was near Mulvihill’s residence in the city of Carlsbad, an area familiar to him as he had hiked the path in recent years. “This is your one chance,” the caller said before terminating the call.

“I Think I’ve Been Shot”

Following the disturbing phone call, and feeling apprehensive, Mulvihill called the Carlsbad Police Department and spoke with the dispatcher. He explained what had just happened and sought advice as to what to do. The dispatcher told him it was up to him if he wanted to go. So Mulvihill called his boss, Jason Kovach, who happened to live in the same condominium complex and asked him to accompany him. Kovach agreed. Mulvihill grabbed a flashlight and a child’s aluminum baseball bat and drove them to the secluded area. The duo walked up the dirt path with Mulvihill lighting the dark way with his flashlight. As they neared the power pole, Mulvihill saw a towel at the base of the pole, which from his distance appeared to be nicely folded.  He did not proceed any further, staying about 10-15 feet from the pole.

The dirt path during daylight. It was after 11:00 p.m. when Mulvihill and his friend went to the path. This photo was taken in 2017.

The power pole was where Mulvihill was instructed to pick up the evidence.

 

 

 

 

 

 

 

 

 

Mulvihill used a bright flashlight to light the dark path as the duo walked towards the pole.

 

The promised package was not at the pole.

 

 

 

 

 

 

 

 

 

 

 

Seeing nothing taped to the pole, his suspicions were aroused, and he began to scan the area with his light. Approximately 60 feet beyond the pole, in some bushes, he saw what appeared to be a small pile of clothes. As the light became more focused, he suddenly realized he was looking at the barrel of a gun and a person tucked within the bushes.

Greg Mulvihill demonstrates how he was holding the light when he was shot.

Almost simultaneously with this realization, he felt like he had been hit in the back. (He had actually been shot under his left armpit, but the bullet had gone through to the back).  His mind told him to “Run!” he testified.  He couldn’t remember whether it was Kovach or himself who yelled out “Gun” or “Run,” but after the first shot was fired, both men began running for their lives. As they ran back down the path they had come, six to seven more shots passed them.

Mulvihill reached his car which he had parked on Avenida Soledad, and backed it down the hill in reverse. Kovach, in his fear had run past the car, and had kept on running without stop. Mulvihill picked him up on Rancho Santa Fe Road, and the terrified Kovach asked him, “Were you shot?” Mulvihill replied, “I don’t know.”  Mulvihill kept on driving, but when he put his hand on his left side, his hand was covered in blood and he said, “I think I’ve been shot.” In that moment, he knew he needed to get to a hospital, but he started to feel dizzy, and pulled over in front of a bus stop. Kovach was on the phone to 911 as Mulvihill began to lose consciousness.

“He Was Lying on the Ground in the Sniper Position”

Jason Kovach’s voice broke with emotion as he described how he ran for his life the night he felt bullets passing by him, prompting Deputy District Attorney Jodi Breton to ask, “Are you ok?” Sitting on the witness stand, reliving the night of September 1, 2016, was clearly something Kovach found difficult.

Kovach told of clutching the baseball bat as he walked with Mulvihill up the dark path. Drawing closer to the pole, Kovach heard rustling and thought it was a bum sleeping in the bushes. He walked around the right side of the pole looking for the promised package, but only saw a blue towel neatly folded with an Angry Bird emblem staring up at him. When Mulvihill shown the light on the area where he first saw the bum, he now saw a gun barrel and someone in camouflage “lying on the ground in a sniper position.” At trial, he could not recall whether it was Mulvihill or himself who yelled out, “Gun!” but in a statement he wrote after the shooting, he recalled Mulvihill yelled, “He has a gun!” After the first shot, “I ran as fast as I could down that path,” testified Kovach.

Attorney Breton played Kovach’s 911 call, and Kovach’s distress filled voice flooded the courtroom as he summoned help for the fading Mulvihill. The Carlsbad police arrived and seeing the blood soaked Mulvihill, placed him in their squad car and drove him to the hospital at Scripps Encinitas. Mulvihill was soon transferred to the trauma center at Scripps La Jolla, where he went into immediate surgery.

Greg Mulvihill’s Surgery

Trauma surgeon Dr. Gail Tominaga testified Mulvihill had a bullet wound under his left armpit with active bleeding in the axilla, a region bursting with nerves, arteries, and blood vessels. It’s not uncommon to bled to death if a person doesn’t get surgery right away the doctor confirmed. She removed two bullet fragments from Mulvihill’s back and the doctors got his bleeding under control. Mulvihill was admitted to the hospital 5 minutes after midnight on September 2, 2016, and spent two full days in the hospital before being released.

The Divorce of Diana Lovejoy and Greg Mulvihill

CanStock Photo Inc., Zimmytws

Greg Mulvihill and Diana Lovejoy were married in August of 2007 and were married for seven years. The path to parenthood was difficult, as Lovejoy suffered eight miscarriages before giving birth to their only child in September of 2012. Their son’s name was not to be used during the trial the judge ordered. Mulvihill testified troubles began before their son’s birth, and they went to marriage counseling together, as well as seeking private individual therapy. Mulvihill, a software engineer, was the breadwinner until February of 2014, when he was out of work awaiting surgery for a shoulder injury. Lovejoy, a software technical writer became the breadwinner for a time.

On July 9, 2014, Mulvihill returned to the marital home with their young son and was served with a temporary restraining order by a sheriff deputy. The deputy told him he had to get out of the house immediately. Having only about 10 minutes to pack, Mulvihill gathered some basic belongings, including a sleeping bag. He spent a few nights at a Motel 6 and then slept in his car. On cross-examination, Lovejoy’s attorney, Brad Patton, pressed Mulvihill about the specifics of the temporary restraining order. Reading directly from the court document, Patton grilled Mulvihill saying Lovejoy awoke on July 7, 2014 to Mulvihill masturbating and inserting his fingers into her vagina. Mulvihill denied this allegation and further said the temporary restraining order did not contain allegations of molest of their son. Those accusations came later.

Lovejoy also alleged Mulvihill abused drugs. Mulvihill testified he voluntarily submitted to drug testing and gave hair samples. The tests were negative. Mulvihill confirmed he used marijuana, but said it was to help his autoimmune digestive disorder. On cross-examination, he acknowledged he had laser treatment to remove body hair, to which Patton asked how it affected the drug test results. Mulvihill said he did not know.

The restraining order of July 9, 2014, remained in place for two years. Initially unable to see his son, Mulvihill retained an attorney for the custody matter, and soon filed for divorce. In his fight to reclaim custody, Mulvihill agreed to undergo a sexual evaluation, and all parties underwent psychological evaluations. Prosecutor Breton asked Mulvihill if he had ever sexually assaulted his wife or molested his son. He answered “no.” Mulvihill had supervised visitation with his son for 10 hours per week for about a year, and in November of 2015, the custody changed to 50/50. Since the shooting, he has been the sole caregiver of the son.

On June 29, 2016, Lovejoy and Mulvihill reached a complete divorce settlement. Under the terms of the agreement, Lovejoy was to sell her separate property condominium and pay Mulvihill $120,000 by September 27, 2016.

The Feces Covered Towel & Search of Weldon McDavid’s Home

Following Kovach’s 911 call, police swarmed the shooting location on high alert for an active shooter. The shooter was long gone, but detectives discovered a towel with “loose mucousy stool” on it underneath some bushes off the dirt path. Criminalist Kelly Ledbetter testified she did DNA testing on the towel and found the fecal matter to be 96% from McDavid. Close-up photographs of the towel with the feces on it were projected on the courtroom overhead screen. Attorney Breton entered the towel, with the now dried feces on it, into evidence and it was openly displayed in the courtroom. At Lovejoy’s house, in an armoire, detectives found a matching towel.

On September 8, 2016, seven days after the shooting, a search warrant was served on McDavid’s home. Multiple firearms were left out openly, but in a loft area off the garage, hidden beneath a foam pad, detectives found an unregistered upper, scope, and suppressor (silencer). Possession of a suppressor is illegal in California. Attached to the upper was a brass catcher, a bag designed to collect shell casings. Inside were seven spent shells. In McDavid’s jeep, they found a camouflage jacket.

Diana Lovejoy’s Purchase of a TracFone (Burner Phone)

The phone number from the mysterious stranger had registered on Mulvihill’s cell phone, and Detective Darby Ernest had the number traced. It was soon discovered the calls were made from a TracFone, a pre-paid phone which was purchased at Best Buy. Video surveillance by Best Buy revealed a woman purchasing the phone on August 15, 2016 at 7:30 p.m.  Detective Ernest recognized Lovejoy as the woman.

After watching the video, Detective Ernest obtained a search warrant for Lovejoy’s house, and on September 7, 2016, detectives found the same distinctive coral tank top Lovejoy was wearing in the video.

Aunt Diana Testifies: Lovejoy Wanted Someone to Scare or Kill Mulvihill

In a testament to the undisputable fact serious trials cause agonizing pain to all  families involved, Diana Clark’s testimony further showed how one’s heart could be ripped apart and family relationships forever severed. Within minutes of taking the witness stand, there was no question Aunt Diana was in great emotional anguish. Diana Lovejoy was her beloved niece, and Aunt Diana was a witness to a conversation she wished she had never had.

Through constant tears and a breathless voice, Clark testified that in March of 2017, Clark went to dinner with a close friend to a restaurant called Bobo. During the dinner she started to discuss the arrest of her niece. She went on to confide to her friend that on Christmas day of 2015, she was in a restaurant with her niece and young son, when Lovejoy began talking about Mulvihill and asked what she could do to stop him from tormenting her. Lovejoy then said she wanted to ask her something, and made her promise she would not tell her mom or sister. Lovejoy wanted to know if Clark could find someone to kill Mulvihill. Unbeknownst to Clark, a Deputy District Attorney by the name of Martin Doyle was enjoying his own night out and overheard their conversation. Clark was soon contacted by police.

Clark did not return the police calls, and labeled her behavior as “uncooperative.” Then she was served with a subpoena. Upon meeting with Deputy District Attorney Jodi Breton, she denied the conversation had ever taken place. She left the meeting and walked around the courthouse, anguished as what to do. At last she knew. She stopped Breton in the hall and told her that in the meeting she just couldn’t bring herself to say the words. Recounting this painful time, Clark’s trial testimony grew even more emotional, and her tears flowed freely on the witness stand. She then testified Lovejoy was looking for someone to scare or kill Mulvihill.

She recounted Lovejoy’s revelations: Lovejoy talked about being afraid of Mulvihill, that he was tormenting her, and she had given considerable thought of what to do to stop him. Any security system would not work because he was so smart, he could get around it. He could get into her computer. It was pointless. Even if he was hit by a truck and became a quadriplegic for the rest of his life, he would still find a way to torment her. She looked into taking their son and moving to another country, but the difficulties of a new language and leaving everything behind made it untenable. Lovejoy then said she thought about killing him, had been thinking about a lot of ways to do it, about getting away with it, and what to do with his body.

Clark testified she told Lovejoy not to do it. “The moral and ethical issues aside, it was a remarkably dumb idea. She would never get away with it” said Clark. Clark further told Lovejoy she would be the first to be investigated, and she could not be smarter than the police.

With sadness in her voice, Clark said since her testimony against her niece at the preliminary hearing, she has had no contact with her family. She said she sent her sister a card as her sister’s husband was very ill, but she received no response. She recalled the day of her testimony, when she called Lovejoy’s sister and told her she had betrayed Lovejoy’s trust by telling her friend about the conversation with Lovejoy, that she was overheard, and now had to testify in court. She said her niece screamed obscenities at her and since that time has had no relationship. “I have lost my family” she said.

On cross-examination, Patton highlighted Clark’s testimony at the preliminary hearing on March 6, 2017, where Clark said Lovejoy was frightened of Mulvihill, he may be stalking her, he had a volatile and mercurial temper, may harm her, and may be molesting her son. Attorney Patton emphasized Lovejoy asked Clark to help her find a way to scare Mulvihill so he would leave her alone.  Reading from the court transcript, Patton said Clark had previously testified Lovejoy asked, “Aunt Diana, do you know anyone who can either scare or kill him?” Patton further brought out when asked if she thought it was an impulsive statement, Clark had testified “I did.” Now at trial, Clark said she thought Lovejoy was quite serious and had put a lot of thought into it. Patton also raised Clark had originally testified there was only one conversation, but at trial, said there was a follow-up conversation.

Patton then showed Clark had received an e-mail from Lovejoy three to four weeks before Lovejoy was arrested informing Clark she had reached a divorce agreement and was pleasantly surprised Mulvihill had been so agreeable. Patton also brought out that Clark did have contact with her family after her testimony, as she contacted Lovejoy’s sister and had a dispute about the grandchild. It was only after this bad contact that Clark contacted the district attorney and added additional information to her story stated Patton.

Weldon McDavid Takes the Witness Stand

Looking sharp in his suit and confident in his bearing, Weldon McDavid took the witness stand as the television cameras filmed his every move. His hair was cut short, gone was the wild hair and long beard of prior hearings, and with his polished appearance, he could have passed for an attorney rather than the accused.

In opening statements Mc David’s attorney Ricky Crawford told the jury McDavid was a former Marine and School of Infantry instructor who possessed a “specific skill set.” Such was his weaponry skill if he wanted to kill someone, he would have. “Sounds cruel, sounds awful, but it’s the truth,” said Crawford. That McDavid never intended to kill Mulvihill was the mainstay of the defense, and McDavid never departed from this position. Arrogant, often dismissive, and at times bold enough to correct Judge Von Kalinowski, McDavid’s testimony was nothing short of riveting.

McDavid testified he had been a firearms instructor for 17 years, first in the Marines Corp. and then at Iron Sights Shooting Range. As a Marine of 12 years, he had received extensive training in weaponry and had surpassed the marksman and sharp shooter levels. He had attained the elite distinction of expert, receiving nine awards as a rifle expert and seven awards as a pistol expert. He had been a Marine School of Infantry instructor, trained at a sniper school, and before his arrest, was a National Instructor for the NRA, worked at Iron Sights, and had started his own business in weapons instruction.

It was at Iron Sights where McDavid met Lovejoy in 2015. He gave her personal shooting lessons from 2015 through August of 2016. He also gave her self-defense lessons and installed a security system in her home. Lovejoy confided in him about her divorce and the custody battle, and revealed she believed Mulvihill was molesting their son. Lovejoy told him this information had been reported to the police, but “they didn’t do anything about it.”

McDavid testified he never conspired with Lovejoy to kill Mulvihill, and never intended to shoot him. In fact, he said he “didn’t intend to use the gun at all.” He was simply trying to obtain evidence against Mulvihill which Lovejoy could use in family court so Mulvihill would lose custody.

On the night of the shooting, he met Lovejoy at a Park and Ride and she drove him to the access path. Once in place, he called Mulvihill and told him he had evidence of child abuse committed by him and he would leave it at the base of the pole. He had no such evidence, but he thought if Mulvihill came out at night to this “semi-secluded” spot, it would show he was guilty of molesting his son because only a guilty person would come. McDavid further testified he planned to videotape him, and later sell Mulvihill a blank thumb drive of him retrieving the package. Lovejoy had agreed to pay him $2,000.

He needed a firearm for protection he explained as Lovejoy had told him Mulvihill owned a firearm, was a convicted felon, was molesting his son, had sexually assaulted Lovejoy, and was a drug abuser. He assembled the AR pistol using a lower and upper, a scope, suppressor and brass catcher.

The shot to Mulvihill came only after Mulvihill shined the light on him and said, “I’ve got a gun!” Fearing for his life, he shot at the light Mulvihill was holding, stating the light had given Mulvihill a “tactical advantage,” and he was simply trying to remove it. Much was made during the trial about how a bright light could cause one to be momentarily blinded, resulting in the loss of acclimated night vision. Was this what caused McDavid to miss? With arrogance, McDavid said this did not happen to him as Marines are taught to shoot at night. “We rule the night,” he said confidently. He went on to testify he never intended to kill Mulvihill as he could kill someone standing 300 feet away and still hit center mass. He could have shot Mulvihill at any time from the moment Mulvihill began walking up the path until he stood close to the pole. “The shot I missed was the flashlight, not a man-sized target,” he said.  He did not know that Mulvihill was even hit.

After the first shot, he fired six more shots in quick succession, not directly at the men, but in a 45-degree angle in the air. He said he ceased firing when Mulvihill and Kovach started running. He claimed that after the first shot he heard the men talking, and unsure whether they were planning an assault, he fired repeatedly to show he had more firepower. The idea men fired upon would simply stand around talking was ridiculed by the prosecutor on cross-examination. Further on cross, Breton exposed the sexual relationship McDavid had with Lovejoy. He said he only had sex with Lovejoy three times, and regrets it. He was married and had an infant son at the time.

Breton moved on to the objective of the plan, which if only to obtain evidence against Mulvihill, could have been accomplished anywhere and did not call for the presence of an AR pistol with the illegally attached suppressor. The package could have been left at a Starbucks, or across the road from the dirt path where McDavid could watch whether Mulvihill showed up. McDavid didn’t bring recording equipment either said the prosecutor. McDavid insisted he was going to use his cell phone, but the light was too bright.

When asked to discuss the diarrhea he left on the green towel, McDavid was clearly annoyed and embarrassed. He said he was sorry people had to see it. Lovejoy laughed at the defense table, and people in the courtroom hid their grins. The loosening of his bowels was not from nerves, but from eating spicy Mexican food he claimed. No matter how amusing the feces may have become, when the cross-examination moved to the video interrogation of McDavid, it was no laughing matter.

Video Interrogation of McDavid Seven Days After the Shooting

On September 8, 2016, seven days after the shooting, McDavid was interrogated by the police. Breton played a portion of the videotaped interrogation where McDavid is shown denying being involved in the shooting, and claiming he didn’t know the location. It was not until he was confronted with his DNA on the towel, that he finally acknowledged his presence. He had been on the path McDavid conceded at last, deciding to take a short run that September night, when he had to go to the bathroom. He used a towel already there. “How much of a coincidence where you took a s**t, is where Greg was shot? How possible is that? asked one detective bluntly. With these blistering words, McDavid was soon left alone in the interrogation room. McDavid holds his head in his hands, and eventually puts his head on the table. When the interrogation commenced, McDavid said, “I have a feeling I’m being set up. In fact, I know I am being set up.” He then said, “I am a *ucking idiot.”

Though the video concluded, Breton was not yet finished with McDavid. “Sir, you will lie to get yourself out of trouble?” she asked pointedly. She then went through the long list of lies McDavid had told in the case, and concluded by saying it was his lying which caused him to be kicked out of the military. In 2009, McDavid was forced to leave the Marine Corp. following three arrests while off-duty, including two arrests for carrying a concealed weapon. McDavid testified false evidence had been presented and his dismissal was a given as his executive officer wanted him out. Breton countered the primary charge was his lying about the underlying charges to his commanding officer.

Sergeant White: McDavid Aimed at Center Mass But Mulvihill Moved

A sergeant of the weapons training unit and former SWAT team leader, Sergeant Greg White of the Carlsbad Police Department testified he believed McDavid was aiming at center mass when he shot Mulvihill, but McDavid failed to take into account humans move.

Weldon McDavid’s Attorney: It Was a Stupid Plan, But Not a Plan to Kill

Weldon McDavid’s attorney Ricky Crawford

“Weldon McDavid wanted to help. Was it a stupid thing to do? Probably. Was it a plan he shouldn’t have taken into action? Probably. But it was to help stop molest of a beautiful boy,” said Ricky Crawford as he stood before the jury giving his closing argument.  “It was a stupid plan, but not a plan to kill,” he stressed.

There was nothing in the evidence to prove McDavid conspired with Lovejoy to commit murder or that he had the intent to kill argued Crawford. It was a reasonable conclusion that McDavid was only out there to gather evidence against Mulvihill. Crawford went through all of McDavid’s accomplishments as a weaponry expert, and said with McDavid’s specific skill set, if he wanted to kill Mulvihill, he would have. There was no reason for McDavid to wait to take a shot until the light was shined in his eyes. The light from the surrounding area provided adequate light for him to shot Mulvihill at any time.

Crawford said McDavid armed himself that night to protect himself because he had been told Mulvihill was a child molester, owned a gun, was a convicted felon, and used drugs. He didn’t shoot, until he heard Mulvihill say, “I’ve got a gun!” When he fired, he was just trying to get rid of the tactical advantage, the flashlight. If he wanted to kill Mulvihill, he could have hit him center mass pronounced Crawford.

Diana Lovejoy’s Defense: There Was No Intent to Commit Murder

Diana Lovejoy’s attorney Brad Patton

Diana Lovejoy did not testify at the trial. Her attorney Brad Patton told the jury the prosecution must prove Lovejoy had the specific mental intent to conspire to commit murder and to aid and abet attempted murder, which they could not do. He said the key was Lovejoy had “no intent to kill.” Patton explained the circumstantial evidence rule where if two or more reasonable conclusions exist, one pointing to guilt and one point to innocence, the jury is required to adopt the interpretation pointing to innocence.

Patton detailed the evidence: On July 9, 2014, Lovejoy went to the police and told them she had been sexually assaulted by her husband and had concerns about the safety of her son.  She then went to court and got the domestic violence temporary restraining order, and Mulvihill was not permitted any visitation. He was eventually granted supervised visitation, and when the 50/50 custody began in November 2015, Lovejoy still had concerns about the safety of her child. The restraining order was extended to August 9, 2016. Lovejoy took shooting lessons, self-defense lessons, and McDavid installed security at her house.

Patton turned to Aunt Diana’s testimony, saying Aunt Diana testified at the preliminary hearing that Lovejoy’s statement she wanted someone to scare or kill Mulvihill was a spontaneous statement. Patton argued it was only after Aunt Diana had a bad contact with Lovejoy’s sister, that she contacted the district attorney with a new story. Patton stressed after the full divorce settlement of June 27, 2016, Aunt Diana received an e-mail from Lovejoy stating she was happy about the divorce settlement and was pleasantly surprised how cooperative Mulvihill had been.

Patton said the question in the case was motive and Lovejoy had “100 percent no motive to murder.” “If the plan was for McDavid to kill Mulvihill, why wait for Mulvihill to walk towards him?” questioned Patton. By Mulvihill’s own testimony, he stood out by the pole 10-15 seconds. In a dramatic moment, Patton waited 15 seconds to show how long it had been. “Does a highly trained marksman wait?” he then asked.  He again told the jury if there are two reasonable interpretations, you must adopt the one pointing to innocence. “You will conclude Diana Lovejoy is not guilty of all charges,” finished Patton.

The Prosecution: Lovejoy Wanted the Child All to Herself

Deputy District Attorney Jodi Breton with McDavid’s AR-15 weapon in hand.

“Weldon McDavid would like you to believe that he’s the consummate professional Marine who’s always operating in a theater of combat, a theater of self-defense, a theater of war. In reality, he’s operating in a theater of the absurd. And the puppet master in charge of that theater is Diana Lovejoy,” said prosecutor Breton as she began her closing argument. Lovejoy wanted the child all to herself, so she portrayed Mulvihill as a monster, causing Mulvihill to have to prove to everyone he wasn’t the person she made him out to be continued Breton.

Lovejoy went from having the child all to herself, to 50/50 custody, having to pay Mulvihill child support, and the “worst insult of all” having to pay Mulvihill $120,000 said Breton. It was not satisfactory to her, so murder was set in motion declared Breton. Lovejoy talked to her Aunt Diana, and it broke Aunt Diana’s heart to have to tell the truth.

Lovejoy and McDavid planned to kill. They picked a location for killing, with an easy escape route, and a place to hide the body. Lovejoy researched the nearby reservoir the day before. There was no need for McDavid to bring an AR-15 pistol unless he intended to kill. If he was worried about his safety, he could have brought a handgun. Breton asked, “If McDavid was really aiming at the light, why does Mulvihill still have a hand if McDavid is such a great shot? He was off by 26 inches.” McDavid put the bullet where he was aiming, but Mulvihill moved. If he just wanted proof, he could have watched from his car or any other location argued Breton.

Their plan was thwarted by Kovach coming along. “They planned to kill, they just didn’t plan for Kovach, for Mulvihill moving, and they didn’t plan to get caught,” said Breton. There was a sense of urgency to kill Mulvihill before the $120,000 payment was due. In her last words to the jury, Breton said, “The defense says she had no reason to kill. She had 120,000 reasons.”

The Jury Verdict Causes Diana Lovejoy to Collapse

After deliberating a half day, the jurors sent word they had reached a verdict. Diana Lovejoy and Weldon McDavid: guilty on all charges. As the first guilty verdict was read, Lovejoy looked shocked, confused and uncomprehending. But as the guilty verdicts kept coming, she soon looked stunned, closed her eyes, and murmured to herself. Her eyes began to look dazed, she lowered her head, and as the court clerk started to read the verdict for McDavid, there was a loud thud. Diana Lovejoy had passed out. Her family wept openly and cried out for someone to help her. Judge Von Kalinowski cleared the courtroom. A Fox 5 reporter was a trained EMT, and he rushed to assist Lovejoy. It was a shocked mood outside the courtroom when paramedics arrived. A deathly white Lovejoy was placed on a gurney, and wheeled out of the courthouse to a waiting ambulance.

The somber mood continued as McDavid learned his fate. As the guilty verdicts were read, he placed his hand over his eyes, and eventually put his head into his hands and cried. There was no bravado this day. As his attorney polled the jury, he turned to look at his wife and mouthed the words, “I’m sorry” before breaking down into sobs. His aged mother, who needed the assistance of a walker, had faithfully attended every moment of the trial. She sat silently there in the midst of the devastation.

On January 31, 2018, Diana Lovejoy was sentenced to 26-years-to-life in prison and Weldon McDavid was sentenced to 50-years-to-life in prison. They both plan to appeal.