Defense Believes This Was Self-Defense
On Saturday, Davis Police responded to the 900 block of F Street at around 7 am after a report of a male subject shot by a firearm. Twenty-nine-year-old Hayley Gilligan was arrested and charged on Wednesday with murder in the shooting death of 35-year-old Jamie Kinseth of Davis.
Mr. Kinseth died from a single gunshot to the head.
The defense, represented by attorney Mark Reichel, asked that the arraignment be postponed for a week and continued to October 31. Deputy DA Steve Mount agreed.
Ms. Gilligan, who had a large number of family members and other supporters in the courtroom, appeared briefly, and was crying, shaking and otherwise distraught during her appearance behind glass in the arraignment court.
“She’s doing the best that she can under the circumstances,” Mark Reichel said. “You can see she’s incredibly traumatized by this. There’s no dispute about that.”
Mr. Reichel told reporters following the appearance that the case is too new to offer much in the way of additional information. “We have absolute faith and trust in the process and the fairness of this court and the system and specifically the DA’s involved in this case, the police investigation in this case and our own investigation.
“We have absolute faith that justice will be served,” Mr. Reichel said.
He continued, “It’s a really, really tragic situation… (but) we think it’s going to work out for our client.”
Ms. Gilligan is facing first degree murder charges with an enhancement for personally discharging a firearm.
However, the defense disputes whether this case should even have been brought forward with charges at this point.
In a previous conversation with the Vanguard, Mr. Reichel told the Vanguard that Ms. Gilligan had texted her family at 6:53 am, as they had plans to go to Disneyland that day. At that time she indicated that she was jumping in the shower and going to be ready to depart shortly.
At 7:02 am, however, she texted again that she had shot Jamie. What happened in between is unknown at this time. However, Mr. Reichel indicated to the Vanguard that Mr. Kinseth, an ex-boyfriend, had been threatening her for weeks. He told the Vanguard, however, that she had not reported this to authorities.
Mr. Reichel called this “an extreme tragedy for everyone.” He noted the support on both sides and called it “a really tragic situation.”
Again, he expressed confidence during the brief exchange with the media that this would have a “positive outcome for our client” and said “we’re really confident in that.”
—-David M. Greenwald reporting
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When David wrote: “Ms. Gilligan is facing first degree murder charges with an enhancement for personally discharging a firearm.” I was wondering if anyone knows if there is “an enhancement” for any weapon (like a baseball bat or battle ax) or just for a “firearm”.
It’s specifically under PC Second 12022 as personal use of the fire arm. It’s probably the most draconian of the tough on crime measures. It’s the 10-20-life enhancement. Implemented in 1998 as a way to deter people from committing crimes while using a fire arm. If you use a gun, during a crime, you get ten extra years whether the gun is usable or not. A term of up to 20 years will be added to your criminal sentence if you discharge a firearm in the commission of a crime. Your criminal sentence will be extended by 25 years to life if you use a firearm and proximately cause another person to suffer a great bodily injury or death. The injury or death does not necessarily have to be caused by a gunshot wound.
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