Ex-boyfriend convicted of aggravated first-degree murder in WWU student’s shooting death
After less than a day of deliberations, a Whatcom County jury has convicted a Burlington man of aggravated premeditated first-degree murder in the shooting death of a Western Washington University student in August 2019.
Rigoberto Galvan, 24, was on trial in Whatcom County Superior Court for aggravated first-degree murder (domestic violence) and first-degree burglary while armed with a deadly weapon for the Aug. 14, 2019, death of 22-year-old Stephanie Cresswell-Brenner.
On Thursday, Sept. 15, 2022, a jury found Galvan guilty of aggravated premeditated first-degree murder and first-degree burglary.
The jury began deliberations early Thursday after closing arguments ended late Wednesday.
Opening statements in the trial started Aug. 29.
The jury found Galvan guilty of aggravated murder because he committed the murder while also committing the crime of burglary. The aggravated murder charge required prosecuting attorneys to prove Galvan committed the murder with premeditated intent.
The jury also found Galvan guilty of several special verdicts, including that he committed both the murder and burglary while armed with a firearm and that the murder was committed against an intimate partner.
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.
A tentative sentencing date for Galvan has been set for Oct. 6. The presumptive standard range for Galvan is life in prison without the possibility of parole.
The Herald has reached out to prosecuting attorneys and Galvan’s defense attorney for comment.
Possession and premeditation
During closing arguments in court Wednesday, Whatcom County Chief Criminal Deputy Prosecuting Attorney Erik Sigmar said there was “overwhelming evidence” that Galvan had the premeditated intent to kill Cresswell-Brenner and that he deliberately and ruthlessly murdered her.
“Rigoberto Galvan tried to possess Stephanie Cresswell-Brenner. She told him no, she said enough, and she got away from him finally. So he used the only means of power and control available to him and he took her life. This is a case about if he couldn’t have her, no one could,” Sigmar said. “This is a case about domestic violence and possession, possessiveness and control.”
On Aug. 11, 2019, several days before the murder, Galvan and a friend went unannounced to Cresswell-Brenner’s home in the 900 block of 20th Street in Bellingham. Galvan told his friend he intended to break up with Cresswell-Brenner. Galvan’s friend testified that after spending 30 to 45 minutes inside, Galvan returned and was somber, quiet and closed off. The friend said the next day, Galvan made statements that concerned her, Sigmar said.
Galvan also learned Cresswell-Brenner and her neighbor began following each other on social media. He tried to follow the neighbor on Instagram, but was denied because one of Cresswell-Brenner’s roommates warned the neighbor not to let Galvan follow him, The Herald previously reported.
On Aug. 13, Galvan ate dinner and worked two emergency calls as an EMT. On his way home, he noticed Cresswell-Brenner had unfollowed him on social media — a flash point in his premeditation of the murder, Sigmar said.
Galvan drove to Cresswell-Brenner’s home, parked in the alley and grabbed his handgun loaded with hollow point bullets, while leaving his ID, bank cards, birth certificate and concealed carry permit in the car, Sigmar said.
Galvan heard Cresswell-Brenner and her neighbor watching television in the neighbor’s apartment. Instead of knocking on the neighbor’s door, Galvan used a spare key hidden under a fire extinguisher to enter Cresswell-Brenner’s apartment and go up to her room, Sigmar said.
Galvan began texting Cresswell-Brenner, and later told her he was in her room. She threatened to call the police, Sigmar said. Galvan called Cresswell-Brenner 14 times before he ultimately climbed through Cresswell-Brenner’s window, onto her neighbor’s balcony and went inside the neighbor’s apartment, Sigmar said.
Galvan told the neighbor to run and call 911 because Cresswell-Brenner was going to die. The neighbor’s roommate, who was downstairs, testified he heard Galvan tell Cresswell-Brenner “You run, I shoot,” several times before hearing multiple gunshots, Sigmar said.
Galvan ultimately fired 15 rounds from his Glock 19 handgun, at least 10 of which struck Cresswell-Brenner. Sigmar said that each shot was a separate moment in time that required deliberate thought that showed Galvan was acting with targeted homicidal intent.
After the shooting, Galvan went back into Cresswell-Brenner’s home, left the firearm in her room and called 911 and confessed to killing Cresswell-Brenner.
A forensic psychiatrist who evaluated Galvan for the prosecution determined Galvan’s behaviors and actions leading up to the murder were consistent with borderline personality disorder and that he had the capacity to form premeditation, Sigmar said.
Diminished capacity
During his closing arguments, Galvan’s defense attorney, Court Will, said the evidence showed Galvan had a mental illness or disorder that precluded him from having the capacity to form premeditated intent in the murder.
Will said Galvan didn’t deny shooting and killing Cresswell-Brenner and that her death was “an absolute tragedy,” but that the case was not one of premeditation. While Galvan thought about going to Cresswell-Brenner’s home and talking with her, he did not think about killing her, Will said.
“The issue at play in this case is premeditation — the capacity to form premeditation — not the capacity for intent to kill,” Will said.
Will argued that Galvan was suffering from symptoms of bipolar disorder 1 at the time of Cresswell-Brenner’s death. Will said evidence presented during trial through the testimony of a clinical psychologist who evaluated Galvan for the defense showed Galvan had confusion over his relationship with Cresswell-Brenner, that he was stressed, having sleeping issues and that he felt like things were falling apart. Will said Galvan’s mother testified that she noticed behavioral changes in her son in the months leading up to the shooting.
Galvan’s internal struggle over the relationship and an inability to cope with his feelings of emptiness and loss led to Galvan becoming emotionally overwhelmed and unable to rationally think, Will said.
Will asked the jury to acquit Galvan of premeditated first-degree murder and to instead convict him of second-degree murder, a lesser charge that didn’t require proof of premeditation.
Galvan did not testify during his trial.
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/.
This story was originally published September 15, 2022 at 3:18 PM.
