Man didn’t have mental capacity for premeditation in WWU student murder, attorney says

While a Burlington man is not denying he shot and killed a Western Washington University student in August 2019, his defense attorney is arguing the man didn’t have the capacity to form premeditation of the murder due to a mental disorder.

Rigoberto Galvan, 24, is on trial in Whatcom County Superior Court for aggravated first-degree murder (domestic violence) and first-degree burlgary while armed with a deadly weapon for the Aug. 14, 2019, death of 22-year-old Stephanie Cresswell-Brenner.

The aggravated murder charge requires the prosecuting attorneys to prove Galvan committed the murder with premeditated intent. If convicted, Galvan faces up to life in prison without the possibility for parole or release.

Cresswell-Brenner was a former girlfriend of Galvan’s and was a student at WWU, according to previous reporting in The Bellingham Herald. She was a senior studying anthropology and was planning on becoming a physician’s assistant, her family told KOMO News.

Behavioral changes

During opening statements, which started Monday, Aug. 29, Galvan’s defense attorney Court Will said Galvan’s mental state is what is in question in the case.

Will said Galvan and Cresswell-Brenner met at WWU in 2016 and began dating in 2017. In 2018, Galvan moved in with Cresswell-Brenner and her roommates. He moved out in late May 2019 after cheating on her multiple times. Galvan moved home with his parents, withdrew from WWU and was working as a volunteer firefighter and EMT, Will said.

During this time, Galvan was going through significant behavioral changes, causing family members to notice he was acting differently, Will said. The breakup between Galvan and Cresswell-Brenner was also not clean cut, and Galvan had confusion over the pair’s relationship status, his defense attorney said.

After working as an EMT the night of Aug. 13, 2019, Galvan drove to Cresswell-Brenner’s home in the 900 block of 20th Street in the Happy Valley neighborhood in Bellingham. Cresswell-Brenner was at her neighbor’s apartment and Galvan could hear their voices. Galvan went up to Cresswell-Brenner’s room, laid in her bed and texted and called her multiple times, Will said.

After Cresswell-Brenner didn’t respond, Galvan climbed through Cresswell-Brenner’s window onto her neighbor’s balcony and went inside the neighbor’s apartment, where he saw Cresswell-Brenner and her neighbor, Aiden Kuhne. Galvan told Kuhne to leave and then shot Cresswell-Brenner multiple times, Will said.

Galvan then went back into Cresswell-Brenner’s apartment, where he left the gun, and called 911 and confessed to shooting and killing his ex-girlfriend. Will, Galvan’s defense attorney, said the gun Galvan used was legally purchased, he had a valid concealed pistol license and it wasn’t uncommon for Galvan to have the firearm on him.

A psychiatric defense expert who evaluated Galvan twice in the months after the shooting determined that the most likely situation was that Galvan was suffering from a bipolar episode at the time of the killing, Will said. The episode overwhelmed Galvan and interfered with his brain processing, making him unable to form premeditation for the murder, Will said.

“The physical acts that occurred here are not in question. What is in question is Mr. Galvan’s mental state at the time, and whether or not based on the overwhelming stimuli and a mental disorder, did he have the capacity in that time or those moments in time to form premeditation? … That is the question you are to answer in this case,” Will said. “It’s tragic, there’s zero doubt about that. We fully acknowledge and recognize the tragedy that occurred in this case, but that does not absolve the state of having to prove each element of this case beyond a reasonable doubt.”

Intent to kill

But the prosecuting attorneys handling the case argued Monday that Galvan was controlling and isolated Cresswell-Brenner, that he would show up unannounced at Cresswell-Brenner’s home after they broke up and that he intended to kill her when he drove to her house the night of Aug. 13, 2019.

Several days before the murder, on Aug. 11, Galvan and a friend went to Cresswell-Brenner’s home. Galvan told the friend he wanted to break up with Cresswell-Brenner, but Galvan’s friend suspected there was more to the story, Whatcom County Senior Deputy Prosecuting Attorney Ben Pratt said during opening statements. After spending roughly 30 to 45 minutes inside Cresswell-Brenner’s house, Galvan got back into the car and was noticeably distraught. The next day, Galvan and his friend took a walk on the beach and Galvan made some statements that concerned his friend, Pratt said.

Around that same time, Cresswell-Brenner’s neighbor, Kuhne, followed her on Instagram. Galvan immediately requested to follow Kuhne, but a friend warned him to not let Galvan follow him, Pratt said. Kuhne declined the request and Cresswell-Brenner later blocked Galvan on Instagram.

When Galvan got off work the evening of Aug. 13, he drove to Cresswell-Brenner’s house uninvited, pulled out his gun and put it in his waistband, Pratt said. He then took the spare key hidden under the fire extinguisher and used it to enter Cresswell-Brenner’s home, Pratt said.

After hearing Cresswell-Brenner’s voice from next door, Galvan climbed onto the neighbor’s balcony and entered his apartment. Galvan told Kuhne to run and to call 911 because Cresswell-Brenner was going to die, Pratt said.

Galvan fired all 15 rounds from his gun, killing Cresswell-Brenner, Pratt said. Galvan then went back to Cresswell-Brenner’s apartment, left the gun and called 911 and confessed, Pratt said. Galvan called 911 around 12:21 a.m. on Aug. 14, 2019, records show.

During a 911 audio clip played in court Monday, Galvan told a 911 dispatcher to “send as many cops as you can, because I just killed my girlfriend.” Galvan then told the dispatcher which apartment he killed Cresswell-Brenner in, that he left the gun inside and that he was not going to resist arrest.

He told the dispatcher to “send cops here fast.” The dispatcher told Galvan that they were going to get help for his girlfriend, and Galvan responded, saying, “She’s dead, so there’s no help. You don’t need to send medics, trust me.”

Pratt said the prosecution is asking the jury to find Galvan guilty of aggravated premeditated first-degree murder for Cresswell-Brenner’s death.

“It’s about the moments in time when he started thinking about killing her to the very last shot out of his gun,” Pratt said.

Witness testimony

Several witnesses, including some of Cresswell-Brenner’s roommates and friends, and her neighbor, testified on Monday.

Multiple people testified that they could hear Cresswell-Brenner and Galvan get into arguments while the pair lived together and that Cresswell-Brenner’s demeanor noticeably changed and she was happier and more social after Galvan moved out and the two ended their relationship.

One roommate said after Galvan moved out and the pair broke up, he would show up at their house unannounced all the time, wouldn’t knock and would walk right in, which alarmed Cresswell-Brenner and the roommates.

On the night of the shooting, Cresswell-Brenner and her neighbor, Kuhne, were watching television in his apartment. Kuhne said the two were just becoming friends, and that he was in the kitchen when he saw Galvan come into his apartment through the balcony.

Kuhne said Galvan and Cresswell-Brenner started to argue and then Galvan drew a firearm on Cresswell-Brenner from about two feet away. Kuhne testified that Galvan said to him, “Aiden, run away. Call 911. She’s going to die.”

Kuhne said he ran from the apartment, and heard screams and two distinct bursts of gunshots.

Kuhne testified he had met Galvan once before in early May at a party, but the two barely spoke. He said when Galvan broke into his house, he was sober, calm and wasn’t yelling.

Kuhne testified that he has guilt and anxiety over the situation and feels shame that he didn’t help Cresswell-Brenner. Kuhne also called 911 as he was running away from the apartment.

Medical license revoked

In March 2021, the Washington State Health Department permanently revoked Galvan’s emergency medical technician license.

Galvan received an emergency medical technician certification from the state health department in early May 2019, just months before Cresswell-Brenner’s death, according to state health department records.

On Jan. 8, 2021, the state health department charged Galvan with unprofessional conduct, according to health department records. Galvan’s alleged actions “affect the public health, safety and welfare,” the records state.

On March 26, the state health department permanently revoked Galvan’s credential to work as an emergency medical technician in Washington state. He has no right to reapply, state health department records show.

Galvan did not respond to the unprofessional conduct charges, so the Secretary of Health determined the appropriate sanctions for Galvan’s alleged conduct was to permanently revoke his license, which was “necessary to protect the public,” according to state health department records.

Resources

▪ Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org

▪ Child Protective Services: Washington state hotline for reporting child abuse and neglect, 866-829-2153.

▪ Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.

▪ Lummi Victims of Crime: 360-312-2015.

▪ Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/

▪ Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.

▪ WWU Consultation and Sexual Assault Support Survivor Advocacy Services: 360-650-3700 or wp.wwu.edu/sexualviolence/.