Joe Valley Faces Prosecution For 'Serious Felony': Criminal Complaint

Shelley Lubben's boyfriend will likely be unable to plea bargain

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader and minister Shelley Lubben, faces two felony charges in Tulare County Superior Court.

Valley was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben ranch property. 

Witnesses say Joe Valley was already intoxicated when he arrived at a local bar, and was cut off from ordering more alcohol before he allegedly ran down the cyclist driving Shelley Lubben's car and fled the scene.

Joseph Valley. Courtesy: Tulare County Sheriff's Office

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday.

According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a silver 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

A United Parcel Service driver had 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 discovered Valley on the ranch property, and he explained that the damage too the vehicle was the result of hitting an animal.

The CHP officers arrested Valley and took him to jail. But because Lubben had already left, they were initially unable to interview her.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail.

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.

District Attorney Tim Ward later filed criminal charges against Valley, upping his bail to $145,000. Joe Valley is being held at the Adult Pre-Trial Facility in Visalia.

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

A 'serious felony'

The criminal complaint filed Nov. 9 by the Tulare County district attorney charges Valley with felony hit-and-run driving resulting in death or serious bodily injury to another person, as well as the 'serious felony' gross vehicular manslaughter while intoxicated.

The California Penal Code stipulates:

1192.7. (b) Plea bargaining in any case in which the indictment or information charges any serious felony, ... or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited....

1192.8. (a) For purposes of subdivision (c) of Section 1192.7, "serious felony" also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice. . . . 

In addition, the complaint against Valley states that "the People hereby put the defendant on notice that the aggravated sentence may be sought in this case." 

California's “three strikes” law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies. The law also limits the ability of these offenders to receive a punishment other than a life sentence.

Valley does indeed have a prior criminal record.

Lubben and Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley began an affair with Valley, and her husband later filed for divorce.

On Christmas eve 2015, Lubben phoned 911 and reported that Valley had sexually assaulted and battered her. She later recanted the sexual assault claim, but Valley served 90 days for domestic battery in Porterville.

The complaint

Joe Valley appeared in court Nov. 17 for a preliminary hearing setting. His next court date will be December 7, one month after the car he drove struck and killed the cyclist on Balch Park Road.

Shelley Lubben's Boyfriend Drank at Local Bar Before Fatal Hit-and-Run

Joe Valley was already intoxicated when he arrived, say locals

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader and minister Shelley Lubben, drank at a local bar before he allegedly ran down a motorist and fled the scene, according to sources in Springville.

Joe Valley

Valley was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben ranch property. He is charged with gross vehicular manslaughter while intoxicated and hit-and-run driving, resulting in death or serious bodily injury to another person.

According to a patron of The Antlers Roadhouse, Joe Valley came into the bar that day already intoxicated, drank a shot of alcohol and was "cut off" by the bartender because he was so drunk.

Valley then attempted to leave without paying. The bartender followed him outside to have Joe pay the cheque.

Witnesses say Valley was "pretty drunk" by time he left the bar to head home.

Shelley stops by

The Antlers, located at 30990 Highway 190, Porterville, stands 16 miles down the road from the collision site.

When Shelley Lubben visited the bar today, Nov. 13 (after the original version of this article had been posted), employees informed her that Valley was already intoxicated when he arrived last Tuesday. They also mentioned that he had used Shelley's credit card to pay for his drink.

How well must this establishment know Shelley and Joe to permit him to use her card? According to a source, Shelley and Joe have been known to come in before,  adding that they would drink "a lot" and "she would dance like a stripper."

Lubben (accompanied by a local gal pal who had previously been 86'd from the bar) "acted surprised" to learn that Joe had already been drinking. Shelley claimed that he had stolen her card.

Yet, somehow it took Shelley nearly a week to investigate.

By distancing herself from Joe and proclaiming herself a victim, it appears that Shelley believes she can avoid being ostracized in the community.

Hit and run

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday. According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision.

The cyclist died at the scene.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail. District Attorney Tim Ward later filed criminal charges against Valley, and at his arrangement Nov. 9, his bail was increased to $145,000. He is currently being held at the Adult Pre-Trial Facility in Visalia.

Shelley Lubben and Joseph Valley on the road

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

Lubben and Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley began an affair with Valley, and her husband later filed for divorce.

On Christmas eve 2015, Lubben phoned 911 and reported that Valley had sexually assaulted and battered her. She later recanted the sexual assault claim, but Valley served 90 days for domestic battery in Porterville.

[This post was updated and modified from its original version.]

Shelley Lubben's Boyfriend Arrested for Vehicular Manslaughter and DUI Near Their Home

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader Shelley Lubben, was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben Ranch property.

He is charged with gross vehicular manslaughter while intoxicated and hit-and-run driving, resulting in death or serious bodily injury to another person.

Joseph Valley. Courtesy: Tulare County Sheriff's Office

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday.

According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

On Facebook, the witness claimed the car's "windshield had big spider web crack and [its] hood had big dent all on [the] drivers side."

Authorities initially asked for the public's help in locating the vehicle and its driver. The car had been described by the witness as a silver PT Cruiser which had suffered "front-end damage and was possibly missing the front bumper." However, CHP were able to catch up with and arrest Valley on suspicion of DUI and hit-and-run two hours after responding to the collision.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail. District Attorney Tim Ward later filed criminal charges against Valley, upping his bail to $145,000. He is being held at the Adult Pre-Trial Facility in Visalia.

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

District Attorney Tim Ward later filed criminal charges against Valley.  He was arraigned Nov. 9, and his bail was increased to $145,000. Valley is being held at the Adult Pre-Trial Facility in Visalia.

The filing of charges was followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers. No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime." According to police, an unnamed 51-year old Visalia man was riding a Trek bicycle southbound on Black Park Rd., north of Yokohl Valley Rd.,when he was struck by a passing car. It was reported that Valley was driving northbound on Balch Park Rd. toward the Lubben Ranch. Valley approached a curve in the road and for unexplained reasons the PT Cruiser crossed the sold double-yellow lines and entered into southbound lanes before colliding with the bicyclist. 

Valley failed to stop and render aid, leaving the victim with fatal injuries. He then kept on going up the road.

The Balch Park area is a draw for local cyclists. 

The Porterville Recorder reported Nov. 9 that "CHP believes alcohol may have been a factor in this collision."

More details on the criminal case against Joe Valley will be forthcoming.

Valley will return to court for a preliminary hearing setting 8:30 a.m. Friday in Department 17 of the Tulare County Superior Court, South County Justice Center in Porterville. 

Below is the relevant section of the California Penal Code:

Vehicular Manslaughter 

Penal Code § 191.5. (a) Gross vehicular manslaughter while intoxicated is the 
unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. 

(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. 

(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years. 
(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years. 

(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision. 

(e) This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290. 

(f) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. 

(g) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.

The Devil and Shelley Lubben Ep. 5 - Preview 2

This is an advance preview of eight minutes from the forthcoming Episode 5 of The Devil and Shelley Lubben.

This video contains much new information, as told by people who knew her during the time period about which she has made many sensational claims.

It's my hope that viewers can apprehend how I obtained the tone and rhythm that I wanted now that additional interview footage has been edited in to the rough assembly I uploaded previously.

I will leave this video up for only a few weeks, as it's not a finished piece. Think of it as an early Halloween treat. I hope you enjoy it.

Please pay no mind to the rough audio and the variances in picture quality. This upload comes from a new work tape of The Devil and Shelley Lubben that does not have the music and SFX laid in, and the color grading is not yet complete.

Maggie McNeill in "The Devil and Shelley Lubben"

Sex worker, activist and author Maggie McNeill explains how someone with claims as flimsy as Shelley Lubben's could find acceptance among prohibitionists when she popped up on the anti-porn / anti-sex work radar in 2004.

Ms. McNeill appears in Episode 5 of Michael Whiteacre's documentary series The Devil and Shelley Lubben.

Delay in Lubben Trial

Porterville, Calif -- The August 17, 2017 trial date in the criminal case that anti-porn scamster, perjurer and adulteress Shelley Lubben caused to be launched against her husband of two decades was postponed earlier this month. A preliminary hearing in Tulare County Superior Court is now set for August 28, at which the Lubbens' appearance will not be required.

Reader's note: the trial date was subsequently pushed all the way to January 2018.

If the charges against her ex are not summarily dismissed, a new trial date is expected to be set at the hearing. And so it will be there, in that unlikely spot, that a dreadful era might come to a close as Shelley Lubben will find herself on the witness stand in a criminal trial where her credibility and veracity are to be judged. On that as-yet-unannounced date, Shelley Lubben, the ever-vindictive "rebel prophet" of the (now defunct) Pink Cross Foundation, will try to see to it that her ex-husband is convicted of domestic battery.

As is the norm for her, Mrs. Lubben has changed her story since the alleged events of September 8 and October 8, 2015 -- signing a written declaration under penalty of perjury on November 5, 2015, then seeking to retract it after Garrett refused to reconcile with his pill-popping, abusive ex, or give her any more money.

Garrett Lubben, in a scene from Michael Whiteacre's documentary The Devil and Shelley Lubben

The case stands or falls on Shelley Lubben's credibility.

In February 2017, following a disastrous courtroom performance by Shelley, Garrett was exonerated of felony bribery charges initiated by his disgruntled ex in 2016, when Judge Michael B. Sheltzer ruled that the iPhone video clips directed and filmed by Shelley during her divorce negotiations with her then-husband did NOT capture an attempt to bribe Mrs. Lubben.

Insiders say that Mrs. Lubben is in for some big surprises at her husband's trial, as individuals from her past and present vie for spots on the witness stand to tell the jury all about who the accuser Shelley Lubben really is -- and what she is capable of.

It's truly difficult to overstate just how much her victims and other former associates have looked forward to the opportunity to place Mrs. Lubben's spectacular misdeeds on the public record whilst handing her yet another humiliating defeat (and possibly a perjury charge).

Updates to be posted as they become available.