Showing posts with label prison. Show all posts
Showing posts with label prison. Show all posts

Shelley Lubben lover Joe Valley gets 11-year Sentence in fatal DUI Hit-and-Run case

Porterville, Calif -- Joe Valley arrived at Tulare County Superior Court Friday morning, October 12, 2018, to learn his fate in the case of the DUI hit-and-run killing of cyclist Octavio Munguia.

Joseph Michael Valley, the boyfriend of disgraced anti-porn crusader Shelley Lubben, was given a state prison sentence of 11 years for Gross Vehicular Manslaughter While Intoxicated and Leaving the Scene of an Accident.

Joe Valley

Shelley Lubben, who stormed out of Valley's Sept 28 court hearing as soon as her "toxic relationship" with him -- which had been marked by substance abuse and domestic violence -- was raised, did not bother to attend her lover's sentencing, Friday.

Eyewitnesses confirm that after leaving the courthouse on Sept 28, where Valley stood condemned due to a devastating death caused by drinking, Shelley Lubben, her local gal pal, and their friend Taz Graves retired to The Antlers Roadhouse for drinks.
The Antlers being the same spot where Joe Valley drank before his car plowed into Mr. Munguia an the way home to the house he shared with Lubben.

Valley's mother did attend court today -- as well as other individuals believed to be Joe Valley's family members who cursed at Munguia's family in the courthouse parking lot after the hearing.

“Whenever a life is lost to the selfish choices of a drunk driver, the community as a whole feels both anger and fear that they could become the next innocent victim on their way to work, school, or while enjoying a quiet bike ride,” said Assistant District Attorney David Alavezos. “The sentence handed down by the court will not bring back the life lost, and the defendant will continue his own existence, but for now that existence will be behind prison walls.”

Case closed

Valley recently changed his plea from Not Guilty in the hit-and-run drunk driving death of Mr. Munguia, to a plea of No Contest. His new plea accepted by the court, he stood convicted of Gross Vehicular Manslaughter While Intoxicated and Leaving the Scene of an Accident, but awaiting sentence.

At the time Valley's new plea was accepted,  Judge Michael B. Sheltzer indicated that a nine-year prison sentence would be in order, subject to modification by the presence of any mitigating or aggravating factors in the case.

Judge Sheltzer is the same judge who dismissed Shelley Lubben's trumped up charges against her ex-husband, Garrett, in February 2017.

Valley's Sept 28 court appearance had been slated as a sentencing hearing, so the family of the victim were in attendance with written Impact Statements to be read into the record. However, Joe Valley's Public Defender asked the court if Valley could read a short statement first, and the judge permitted it.

Looking pale but composed, Valley apologized for his actions, and claimed that the day he ran down Mr. Munguia was a "blur" to him. 

Valley's apology was not accepted by the members of Munguia's family, including his wife of 30 years and his younger brother. Their heartbreaking statements moved many in the courtroom to tears, but it was something the victim's brother said that generated a most unusual reaction in the room.

Addressing Valley directly, the moment the victim's brother mentioned Valley's "toxic relationship" with Shelley Lubben which had been marked by substance abuse and domestic violence, Lubben stood up and dragged her two companions out of the courtroom, never to return.

Having ostensibly come to learn her boyfriend's fate, Lubben instead fled when her name came up in a negative light -- without learning Valley's fate.

Aggravating factors

Following the family's statements on Sept 28, which were added into the court record, Judge Sheltzer announced that he would need time to consider the fact that there had been no mitigating factors in the case but several aggravating ones: Valley was on probation at the time of the crash; his probation performance "had been unsatisfactory"; and Valley had failed to stop and render aid to Mr. Munguia or even call 911 to seek help for the man who lay dying on the side of the road because of him.

Judge Sheltzer re-scheduled sentencing in the case for 8:30 am on Oct. 12, and assured the victim's family that under no circumstances would the sentence be any less than nine years, but possibly more after his research on sentencing in similar cases had been completed.

Today we learned that a prison sentence of 11 years was more appropriate for the crime.

On May 18, 2018, Shelley Lubben (seen here with Joe Valley in 2016) turned 50 years old. Hers was one of the most turbulent and corrosive half-centuries in the life of any modern-day public figure.

Questions still remain

Joe Valley's No Contest plea obviated the need for a criminal trial, and with no testimony to be heard by the court, we may never know the full story of exactly what happened on Nov. 7, 2017.

What we do know is that Joe Valley drank at a local bar, The Antlers Roadhouse, some time before the fatal collision with Mr. Munguia, and that witnesses state Valley was already intoxicated when he arrived in his car. It was after he left that his car ran down Munguia.

A blood draw revealed Valley’s blood alcohol content at .26 percent, the District Attorney’s Office said. That was more than three times the legal limit of .08 percent.

But Valley told Highway Patrol investigators he had been drinking at a nearby lake earlier that day, and made no mention of visiting The Antlers.

Could there be anything else Valley left out?

Following the fatal collision, Valley's 2005 PT Cruiser was driven straight home to the property on Balch Park Road where he resided with Lubben. Shortly after his wrecked vehicle returned to the Lubben Ranch, Shelley Lubben got behind the wheel of her Jeep and drove off the property alone.

Lubben then flagged down a neighbor, and told the woman that she was her "witness" that Lubben was leaving home at that time, and then drove off.

This struck the neighbor as odd, and she told an investigator for the victim's family that Shelley Lubben was intoxicated and looked like she hadn't showered in days at the time she flagged her down.

A United Parcel Service driver discovered Mr. Muguia in the road. After witnesses reported seeing a PT Cruiser with a broken windshield and significant front end damage, the UPS driver directed law enforcement to a nearby house where a PT Cruiser was normally parked: the Lubben Ranch.

Highway Patrol officers arrested Valley on the ranch property, and took him to jail. But because Lubben had already left, they were initially unable to interview her.

It wasn't until the following morning that Highway Patrol got a statement from Shelley Lubben -- under circumstances that were objectively suspicious.

It turned out that Mrs. Lubben's iPhone was in the car that killed Octavio Munguia. 

The presence of Lubben's cell phone in the vehicle was discovered after the wrecked PT Cruiser had been brought to Wallace Towing on Orange Belt Drive in Porterville.

It was there that Shelley Lubben was interviewed by the California Highway Patrol, when she came to retrieve her iPhone on November 8.

If Shelley Lubben -- who a witness stated was intoxicated at the time of Mr. Munguia's death -- hadn't been in the vehicle, then what was her cell phone doing in the car that killed Mr. Munguia?

Now that Joe Valley has been convicted and sentenced to prison for Gross Vehicular Manslaughter, we may never know the answer.

UPDATE: Joseph Michael Valley was transferred to Avenal State Prison on October 23, 2018. He is not eligible for parole until May 2023.

Shelley Lubben pal, anti-porn activist Donny Pauling, pleads no contest in child sex cases, faces 6 years in prison

In addition to a six year-term in state prison, of which he must serve at least three years, Pauling also must register as a sexual offender for life.

Anti-Porn activist Donny Pauling, an associate of Gail Dines and Shelley Lubben, pleads no contest in child sex cases, faces 6 years in prison

From the Appeal-Democrat, Oct 15, 2015
Donny Pauling pleaded no contest Thursday to four felony sex charges involving two minors, a plea deal that would send him to state prison for six years.
The plea marked the end to a dizzying saga of sex crime charges that also implicated the former commander of the Sutter County Jail.
Pauling, 41, acting as his own attorney, admitted to oral copulation and having sexual intercourse with a victim 14 years old in 2012, continuing into 2014. He also admitted to lewd or lascivious behavior with a girl related to former Sutter County sheriff’s Capt. Lewis McElfresh, “motivated by an unnatural or abnormal interest in children,” according to the plea.
The facts of the plea also stated McElfresh masturbated while watching Pauling commit sex acts with that girl, who was then 16 years old.
Furthermore, Pauling pleaded to a misdemeanor charge of massaging a third victim’s genitals in early 2014. That victim was 16 years old at the time.
Sutter County Superior Court Judge Susan Green set sentencing for Nov. 12.
In addition to six years in state prison, of which he must serve at least three years, Pauling also must register as a sexual offender for life. Pauling also agreed to a period of parole ranging from three years to life following his release from prison.

The long fall

A former low-end recruiter of young women for soft and hardcore photography, Pauling became (in his own words) “a Christian speaker [who] shares his story and the truth about the dangers of porn to churches and universities around the country.”
LISTEN: Pauling on WNGL Archangel Radio in August 2014.

As an associate of Gail Dines and Shelley Lubben, he preached regularly about what the alleges are the detrimental impacts of pornography on girls and women, and families. All three were featured speakers at the Coalition to End Sexual Exploitation 2014 Summit in May of that year.
Shelley Lubben pal, Anti-Porn activist Donny Pauling, pleads no contest in child sex cases, faces 6 years in prison
Shelley Lubben, whose claimed prophetic prowess seemingly failed her when it came to this pervert, poses with Pauling in 2013.
However the criminal charges of which Pauling has now been convicted indicate that he was a serial molester all the while.

Gail Dines and serial child molester Donny Pauling in May 2014
Gail Dines and Donny Pauling in May 2014. Photo: Screencap of YouTube video / PornHarms

Gail Dines and Donny Pauling, 2014

Gail Dines and Donny Pauling in 2014.

Pauling told her he wasn’t like other child molesters because he loved her

Pauling was arrested Dec. 1, 2014 by the Sutter County Sheriff on three felony sex charges, including Unlawful Intercourse (Statutory Rape), after a 16-year-old female told law enforcement that Pauling had ongoing sexual contact with her for the past three years.
In an interview with journalist Meredith J. Graham, Ms. Chopra revealed that the 16-year-old was a relative who had been living with Pauling for several years.
“He was the caretaker of the child—they lived together in Shasta County, then moved to Yuba City [in 2012],” Chopra explained. During that time, she said, Pauling and the girl allegedly had a sexual relationship. She also alleged that he photographed the girl with other young girls in various poses.
According to detectives, the teen had first disclosed Pauling’s actions to both her mother and a friend Thanksgiving week. The Appeal-Democrat reports
She told detectives Pauling had told her that if she ever told officers about the relationship, she should tell him first so he could kill himself. She also said Pauling told her he wasn’t like other child molesters because he loved her.
Sutter County sheriff’s Detective Robert C. Brokenbrough, who has interviewed the teen three times since Nov. 30, testified that
Pauling first made inappropriate comments to the first victim about her lips and bottom. The comments turned into sexual acts, and Pauling first had sex with the girl in the summer of 2014. She said he used a condom until he had a vasectomy…. The girl told him that Pauling bought her lingerie — which detectives discovered in his bedroom — and photographed her in erotic and sexualized poses. She said Pauling uploaded the photos to Deputy District Attorney Anu Chopra submitted 10 photos of the girl into evidence. Some of the photos included the girl posing topless, exposing her bottom, and some included other minors.
According to Brokenbrough, the teen told authorities that Donny Pauling had once video-recorded her in the shower, which she only realized after she discovered the hidden device. The detective also testified that there were additional witnesses.
He said a mother of a friend of the girl’s once saw a photo of the girl’s crotch on Pauling’s phone. And the girl’s ex-boyfriend disclosed that Pauling told him that Pauling had seen the girl’s vagina and urged the boy to date her.
Anti-Porn Activist and Accused Molester Donny Pauling To Represent Himself

Other indictments

On Dec. 17, Pauling claimed in a jailhouse interview that then-Sutter County Sheriff’s Captain Lewis McElfresh Jr. had urged him to have sex with another 16-year-old girl. Evidence of the second alleged victim was presented to Yuba City police by a man named Chase Hammonds. According to an officer’s declaration, Hammonds confronted McElfresh about the alleged incident, recorded the conversation and provided the recording to a Sutter County sheriff’s lieutenant.

McElfresh has acknowledged the recording's existence, but claims he admitted to nothing on it.
On Dec. 18, the Appeal-Democrat reported, the Sutter County District Attorney charged McElfresh with five felonies: two counts of felony child molestation, willful child cruelty, burglary and misdemeanor charges of annoying or molesting a minor and indecent exposure. McElfresh is accused of masturbating while, allegedly, watching a minor being sexually violated by Pauling. McElfresh, is being held with bail set at $5 million.
According to statements made in open court on Jan 14, additional victims were identified in the criminal investigation of Pauling.
second criminal case was filed against Pauling on Jan. 28. According to the Appeal-Democrat
Chopra filed a nine-count criminal complaint naming Pauling in [connection with McElfresh]. The charges alleged four incidents of unlawful sex with a minor…. Investigators are in the process of interviewing eight minor girls as potential victims of Pauling, according to a declaration filed by Sutter County sheriff’s Lt. James Casner. Some of those girls live in Glenn and Butte counties. Chopra said she will ask for a bail enhancement for Pauling, which, if granted, would increase his bail from $500,000 to $1 million.
The second criminal complaint against the anti-pornography activist includes eight sex crime-related counts — including several instances of sexual intercourse; oral copulation and penetration with a foreign object on a minor — as well as one charge of first-degree burglary.
On May 19, Judge Aronson heard testimony for two of the cases from law enforcement officers who conducted or examined interviews with the minor victims. After evidence was submitted to the court, Aronson ordered a trial for Pauling.
According to a published report:
Immediately after Donny Pauling had sex with a 16-year-old girl, he threatened to post nude photos of her online, kill her boyfriend and hurt her family if she told anyone, a sheriff’s detective testified Tuesday.
The girl later allegedly told Lewis McElfresh, then-Sutter County sheriff’s captain, she wanted to have sex with Pauling. McElfresh then watched the two have sex as he masturbated, an officer testified.
Testimony detailed the way Pauling approached the girls, who were friends with his minor relative, with whom he is also accused of having an ongoing sexual relationship.
During separate interviews, the girls told officers of Pauling’s actions, which included nude massages. One girl said she attended class at Yuba College with Pauling, he drove her home, and while they were studying together, he gave her root beer that made her feel weak and dizzy.
She alleged he took off her clothes and had sex with her, told her he took nude photos of her and threatened her.
She reported he had sex with her three more times.
McElfresh has pleaded not guilty to felony charges for his alleged role in one of the incidents.
McElfresh, like Pauling, is calling into question the credibility of a witness against him. McElfresh’s $5 million bail was based in part on the affidavit of Yuba City police Sgt. Brain Baker. According to the Appeal-Democrat, McElfresh’s attorney, Jesse Santana states in a Notice of Motion that he believes Baker has a history of fabricating probable cause.
On September 24, the Appeal-Democrat reported:
Donny Pauling won his first motion representing himself Thursday when a Sutter County judge agreed to postpone his trial to give him more time to prepare.
Judge Susan E. Green pushed back the Sept. 29 trial date to Dec. 1.
The possibility of a plea deal was also discussed, and Pauling rejected a no contest plea requiring a seven-year prison sentence. However, the two sides indicated that they planned to continue plea negotiations.
At his felony pre-trial conference, Thursday, Oct. 15, Pauling took the modified 6-year plea deal.
Lewis McElfresh, although tied to Pauling’s case, is being tried separately.
McElfresh is charged with five felonies, and most of the charges involve the single incident with Pauling.
Although Pauling’s plea did not include any stipulations to testify in McElfresh’s trial, that doesn’t mean Pauling won’t testify, Chopra said.
McElfresh is scheduled for a felony pretrial conference on Nov. 9.

UPDATE: On November 12, 2015, Pauling was sentenced to 6 years in prison. 

Sutter County Superior Court Judge Susan Green called Pauling a lying and manipulative sexual predator and told Pauling, "We don't molest people we love."  
Sutter County Superior Court Judge Susan Green told Pauling,
"It it was in my control, I'd order you to have no contact
with any girl under the age of 18 for the rest of your life."

According to a report on the sentencing hearing in the Appeal-Democrat:

The mother of one victim wrote a letter to the court, saying she could not face Pauling without having a physical reaction. The letter was read aloud by Stephanie Cooper with Victim Services.
The victim of the ongoing sexual abuse has been in and out of the hospital with intense stomach pains, which doctors say is stress-related, the letter said. Some days the girl cries and screams all day.
"I doubt if in the future she will ever be able to know what a normal relationship with a man is like," Cooper read....
The second victim confronted Pauling directly with a statement to the court.

"I've been called many things in my life," the girl said. "Yet, the most imprinting titles I was given were a liar and the victim."

She said she's run away from homes, slept under bridges, lost her privacy and her self-esteem.

"This past year I've been interrogated, I've been the gossip, I've been moved from foster home to foster home, I've been rejected and abandoned. Yet, when this all began, I never felt like a victim. It wasn't until his statement that he made accusing me of being a liar, the comments made about me on Facebook, news articles and as I walked by. That's when it all sunk in," she said.

Her helplessness was answered, she said, when she was placed in a foster home with a loving family. With their help and the help of her boyfriend, she is discovering her "strength and ability to recover and the power of forgiveness."

"I will do good things in my life, and that's because beyond fear lies freedom," she said.

McElfresh, his bail dramatically reduced, was released on bond in September 2015. He is due back in court April 15, 2016 for a trial readiness conference.

UPDATE (April 15): McElfresh's trial has been postponed until November, apparently after the deputy district attorney assigned to the case was placed on administrative leave.

UPDATE (Nov 11): Although accused of being present while a 16 year old was raped by pornographer-turned-pastor Donny Pauling, in 2014, Lewis McElfresh is enrolling in sex offender counseling and will be on probation for five years. He will serve no jail time and will not have to register as a sex offender after pleading 'no contest' to felony child endangerment. Visiting judge James Garbolino handed down the sentence. The victim, 16 at the time of the incident, also requested and was granted a ten year restraining order against McElfresh, who was in Sutter County court for the sentencing but has relocated to West Virginia.