Caleb McGillvary, better known as “Kai the Hatchet-wielding Hitchhiker," is expected to testify at his murder trial, which started Tuesday with opening statements and testimony surrounding the fatal, 2013 beating of a 73-year-old man in Clark.
The trial will focus on whether the death of victim Joseph Galfy, of Clark, was intentional or self defense.
Authorities say McGillvary and Galfy met in May 2013 by chance in Times Square in New York City while McGillvary was hitchhiking around the country. An alleged sexual encounter between the two turned violent, and on May 13, police found Galfy facedown in his home, beaten to death and clad only his underwear and socks, authorities have said.
McGillvary maintains that he acted in self defense after being sexually assaulted by Galfy twice. In a recording obtained by NJ Advance Media in 2016, McGillivary claimed he was drugged at Galfy’s home and passed out, only to wake up with Galfy on top of him and pulling down his pants. He said he hit the lawyer and ran away.
McGillvary earned his “Kai the Hatchet-wielding Hitchhiker” nickname for saving two women from an attacker by hitting a man with a hatchet, an act he described in a TV interview that went viral.
The prosecution and defense agreed on many of the facts in the case but focused on what McGillvary’s intentions were during opening statements.
The state, represented by Union County assistant prosecutors Scott Peterson and Jillian Reyes, noted during opening statements that McGillvary had admitted his “involvements” in the case and attempted to flee the state.
John Cito, McGillvary’s defense attorney, pointed to the mishandling of evidence in the case, which the accused murder has repeatedly claimed will hurt his case because authorities focused on the murder, not the sexual assault.
He emphasized to the jury of 10 women and six men that while there are “a lot of agreements between the parties ... it’s pretty complicated with the nuances.”
“You have to decide if it was murder in the first degree, or self defense,” he told jurors.
McGillvary remained silent during the trial, but his eccentric facial expressions and constant eyebrow raising were reminiscent of the YouTube video that made him internet famous.
The Canada native became an internet sensation in February 2013 after an interview with a local TV station about saving two people while hitchhiking in Fresno, California went viral. The video has been viewed more than 7 million times.
Caleb 'Kai' McGillvary, pictured here in the 2013 local TV interview that made him an internet celebrity. Months later, he made headlines again as a murder suspect. (AP)
The state called on four witnesses, law enforcement officers, during the first seven hours of the trial. They detailed how they secured the scene, collected evidence and stored it.
The defense focused on the evidence that wasn’t collected, including some pills found in the fridge, carpet with blood stains and a glass in the dishwasher.
Sgt. John Ho, a member of the Union County Prosecutor’s Homicide Task Force and key witness for the prosecution, began his testimony Tuesday afternoon.
He testified about communication between Galfy and McGillvary, showing phone records and surveillance video of the two men at the Rahway train station on May 12, 2013, the day after they met in New York City.
The trial, which is expected to last a few weeks, will resume Wednesday morning in Union County Superior Court in Elizabeth. Ho and a medical examiner are expected to testify.
Sophie Nieto-Munoz may be reached at snietomunoz@njadvancemedia.com. Follow her at @snietomunoz.
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