Wavywebsurf is a YouTuber with a following in excess of 33,000 subscribers. His most recent video goes into a "whatever happened to Kai the Hitchhiker" tale that he warns has "a bit of a twist ending." Problem is, his telling of it is rife with misinformation, misleading data and is missing some incredibly pertinent information that is vital to an understanding of what <i>really</i> happened to Caleb McGillvary, better known to the world as Kai the Hitchhiker.
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Wavywebsurf initially paints Kai basically as a homeless druggie from a broken home with "behavioral and emotional problems" who was "too much of a handful" for his parents and "causing problems" which resulted in his being put in a group home. He never once provides any evidence for what "problems" these might be specifically, however. Having spoken to Kai's father, I have no evidence to suggest he thought his son was violent or troublesome.
He also questions Kai's claims of being abused in a group home saying there was "no evidence of this other than his word" and that his claims point to an "overall distrust of society" that Kai purportedly "holds this within his heart." Keep this bit about Kai's word against the world in mind, that will come up again soon.
He mentions how Kai wasn't let out of the group home he was "forcefully kept in" until he was 18. This mirrors cases of other people I have known who dealt with childhood abuse like Kai did even before the group home. He tries to paint the idea of staying at a group home as a sign of some inherent criminality. Most of the folks I have known who were "forcefully kept in" group homes were there as wards of the state because of some sort of abuse at home or because of abandonment by parents or other issues. In no way was the fact that they were "detained" in such an institution necessarily a sign of criminality or craziness. But Wavywebsurf attempts to paint a picture of Kai as some sort of bad egg from the start based on circumstantial details that were outside of his control.
He explains how after he was let out of the group home at 18 (which is also completely accurate as Kai was out by age 15) and then "became a drifter" who made his way asking people for favors. So now he's playing up the idea that Kai was a bum, some sort of Blanche DuBois type.
In order to do so he has to ignore the fact that Kai held down jobs, went to college, even learned to fly a plane. He talks about Kai wandering reservations but leaves out an incredibly salient detail, the fact that he happens to be indigenous.
Before going into the event that would lead to Kai's fame, he explains Kai paid no regard to what type of motorist would pick him up. I mean, sounds a bit like victim blaming, but ok. So now here we are at the point where Kai meets Jett Simmons who admitted to raping a 14-year-old girl before exclaiming that he believed he was Jesus before going on a rampage which began as he ran over a utility worker. Kai acted quickly to save the utility worker at which point Simmons leapt from his vehicle. Kai stopped him before he attacked a woman he had grabbed.
Kai used the blunt end of his hatchet to force Jett to release a woman he had grabbed in a bear hug. He had warned him to drop her before each time he hit him until he finally released her and then he stopped hitting him. It was not vicious it was necessary. Jett was not unresponsive. He popped back up and stripped naked and began to masturbate and it took 6 police officers to subdue him.
Jett later testified that he had been in a psychotic break for days prior to the incident had that he had been on his way to the Superbowl for the end of the world because he believed he was Jesus Christ in spirit.
This was the moment that made Kai into something of a living meme due to Kai's interview about the event that went viral.
All this info, by the way, is publicly available in People v. McBride, Cal: Court of Appeal, 5th Appellate Dist. 2016
Wavywebsurf makes certain to establish a violent tendency after impugning some sort of criminality or mental illness earlier. He mentions how Kai was"viciously beating him in the head until he became unresponsive" but at least admitted that his actions definitely saved multiple lives. The interview, his endearing nature, his words of positivity for all those viewing and his catchphrase of "Smash, Smash, Suhhh-MASH!" made Kai something of an instant web celebrity.
At this juncture in the video he's already made his exposition to his fairly substantial audience, with some very leading language, but after this the video (which has already had some minor issues) begins to devolve into some very major and very misleading misinformation.
He mentions how Kai would, of course, become sought out by "late night talk show guys," specifically Jimmy Kimmel. Now here's the start of where the truth begins to really break down…
Wavywebsurf tells his audience of tens of thousands, the tens of thousands who have viewed the video in the past few days and the potential tens of thousands who will in the future, that in order to be on Jimmy Kimmel Kai had to be flown out to New York City but "as per his [Kai's] request" he declined getting a round-trip ticket because he wanted to be "home free in New York."
Now I wish Wavywebsurf would respond to my YouTube comments and tweets so he can explain to me why Jimmy Kimmel would fly him out to New York for the show when his show is taped at the Hollywood & Highland center next to the El Capitan Theatre, right near the Kodak Theatre and Grauman's Chinese? Not just wrong, thousands of miles worth of wrong. A whole coast worth of wrong. Obviously, someone is feeding Wavywebsurf some faulty information.
When the video mentions the lawyer, "Joseph Galfy" the name is flashed on the screen, clearly you see it is spelled "Joeseph Galfy." Wrong coast of the United States, didn't even bother to spell the alleged rapist's name properly, but it actually gets far worse than this. He claims that when Galfy picked him up he didn't recognize him as the somewhat internet famous "Kai the Hitchhiker." How could he know this? In an interview with Kai he told me he didn't think he knew who he was but wasn't sure himself, and Kai was at least there, unlike this YouTuber.
He goes on with the story saying Kai decided to "go have some beers" as he was a "free-spirited guy" this after he's already falsely claimed Kai was in New York because Jimmy Kimmel had flown him out one way so Kai could "bum around," I suppose which would fit the line of his earlier characterizations.
Both men were binge drinking he claims and Kai passed out and blacked out but woke up claiming he was drugged or roofied. There was no evidence that they were "binge drinking" in fact since Galfy had work the next day it is doubtful he would be attempting to drink into a blackout state. Once again, there is absolutely no evidence to suggest any binge drinking but we've already established this YouTuber has an apparently reckless disregard for the truth. Here's where it starts to get even worse. He claims he "pushed off Galfy" and beat him with his fists. At no point has it ever been said that Kai was beating him with his fists. Galfy, who was far heavier than Kai, was on top of him.
He mentions that <a href="https://www.nj.com/union/index.ssf/2017/03/accused_murderer_kai_acted_in_self-defense_against.html">Kai "claimed it was in self-defense"</a> and that the alleged rapist was found dead in his underwear, but no mention of how the alleged rapist had both blood and semen on his penis. Seems like a pretty big fact to leave out. To his credit, he does at least point out that Kai was in jail for 5 years. Too bad he obviously didn't closely follow the major coverage or he would have known to mention another major point: most of that time was in solitary confinement locked down 23 hours a day.
As far as the rape, here we go again, it was: "Kai's word against a dead man." He also suggests that perhaps Kai had some sort of emotional breakdown or even wanted to rob this guy. None of the legitimate journalism related to this story, nothing in the investigative reports suggests anything of this nature. So not only is Wavywebsurf making some pointed and failed characterizations with no grounding in reality and confusing some very important facts (how and why he got to New York, where Jimmy Kimmel even tapes his show, how to spell "Joseph" etc. etc.) he has made multiple claims that no information available supports.
Then again, there's a lot of <i>misinformation</i> here that, admittedly, could lead someone to such a conclusion.
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The comments section is even more rife with misinformation and disinformation, however, but that's not at all surprising. There has long been a number of trolls who have attacked me personally at Reddit and YouTube (one of whom u/poetic___justice followed me from Reddit to YouTube to continue casting aspersions and making false claims. I know other people who have tried to correct the record about Kai and dealt with the same. A major mishap some years ago led to the initial support for Kai being nearly decimated due to outside forces.
So, there are definitely some trolls out there who are hellbent on opposing anyone who sheds light on certain aspects of this case. One such troll that comes to mind is u/poetic___justice at Reddit. This Reddit and YouTube user even went so far as to claim Kai was not held in solitary for five years and even claimed (in /r/AmericanHorrorStory subreddit, as the "Cult" season had a character named Kai who was a murderer and cult leader).
poetic_justice denied all the evidence I brought against his defamatory and untrue statements, claiming Kai had "a long history of violence" but when pressed for facts, actual details the answer was "it's not hard to find." Well, if it's so easy, why didn't u/poetic_justice just link me. On the contrary, I always linked to specific evidence such as court documents, investigative notes, results from forensics.
poetic___justice wanted to paint anyone who was trying to share then available facts about this case as a deluded cult member:
"As for Facebook pages about Kai "being held in isolation, without a trial" – that's where the cult part takes over. None of that is true – and if you do some research, you'll quickly see the truth of the situation." This stands in stark contrast to <a href="https://www.nj.com/union/index.ssf/2016/05/kai_the_hitchhiker_wages_legal_battle_from_jail_fi.html">an article at NJ.com</a>.
Once again more claims that "if you do some research" you'll find out that the deluded cult members are wrong and he is telling the truth. Well, if everyone who is offering actual documented evidence is lying but you're telling the truth why not just link us? Considering my experience and that of others who had tried to raise awareness about the situation it seemed like a somewhat coordinated attack from a very small but intensely dedicated group who were intent on painting Kai as a monster. This possibility comes as little surprise considering the facts at hand point to a very real possibility of a conspiracy and coverup during the investigation and prosecution.
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My response to the troll at Reddit follows:
"His civil suit, his trial and his motion to dismiss should be seen in court. The issues with evidence being withheld, the brother of the deceased (the alleged rapist who died with semen and blood on his penis according to the autopsy reports I saw with my own eyes) being allowed in the house unattended "to retrieve a suit." A washing machine being used in the dead man's house (all written up in court documents). Prosecutors say a rape kit was done, but if you check the investigation paperwork, the rape kit was done on Galfy. By the way, the blood on his penis (presumably Kai's from when he allegedly forcibly raped him) was never tested despite Kai saying he was raped they did not do a rape kit test on him and ignored obvious signs of rape.
The prosecutor says no semen was found in the bed (the media reported he was found in his bed, prosecutor says he was found in floor) ignoring the semen and blood mentioned in autopsy.
"Doctor" Robert Pandina is NOT a licensed medical professional in New Jersey in the first place (Kai's complaint regarding him resulted in state boards saying he was not a certified with them and they had no jurisdiction).
In UCSO Suter's report it shows they RINSED WITH FRESH WATER the beer bottles that Kai said were likely drugged. RINSED WITH FRESH WATER. Despite evidence he WAS forcibly raped (blood/semen on Galfy's penis at time of death).
In UCSO/Gardner's report, it shows the dishwasher had been run between May 13th and 15th. The report was written the 15th and photos were being taken around that time. Why would you run a washing machine in a house where an ongoing investigation into murder (and quite possibly rape) is going on?
Gardner's report also notes the eyewitnesses' testimony that Kai appeared to be drugged (John and Robert MacNamara fyi).
The alleged rapist's brother was allowed to enter the house during an ongoing investigation (once again, this is available in the Gardner report) to 'secure the scene.'
If Kai wasn't raped whose 'unidentified blood' is noted in the autopsy? By the way, New Jersey law: 'Sexual assault is a form of serious bodily injury, the threat of which would justify the use of deadly force in self defense' N.J.A.A. 2c:3-4 In addition to the self defense, there is the mismanagement of evidence (quite possibly due to the fact that the alleged rapist was close friends with the prosecutor).
That bit of it honestly reminds me of the Cleveland Street Scandal from London in the 1890's when it was discovered that a large number of aristocratic types were taking to renting young 'messenger boys' who were made to pose as telegram messengers.
Also, there's the interesting bit about how around the time it was made known the prosecutor was good friends with the deceased. When that broke, he resigned after 11 years, hmmm. There's a whole lot going on here that is cause for further investigation and this is just scratching the surface here."
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The troll later, when pressed copped out saying "I'm not going to bother listing all of Kai's crazy lies." Meanwhile, when I debunk accidental misinformation (such that in Mr. Way's video) or apparent, deliberate disinformation from poetic justice, I tend to use the nearly 200 pages of primary documents: Union County Sheriff's Office officers Suter and Gardner's investigative reports, the autopsy and forensic reports.
"Justice" went on to claim that Kai went on the run and was "in hiding." Odd considering he was seen hanging out at a Starbucks. The eyewitness testimony was that he seemed drugged. Not high, or stoned, mind you (as could possibly be expected from a "free-spirited hippie") but drugged. In fact, he even posed for at least one picture and continued to introduce himself as "Kai the Hitchhiker." Not a very good job of hiding, if you're a viral video star.
As for "murder" in the state of New Jersey, lethal force is authorized in certain cases, defending yourself from a rapist in the act of commission happens to be one of those. The blood and semen on the alleged rapist's penis which is mentioned in both Gardner and Suter's reports is strong evidence for Kai's claim that he was raped. The fact that the investigators were unaware of who came into the crime scene to run a dishwasher and clean out the beer bottles points toward a great possibility of conspiracy and coverup. Once again, none of this is mere theory or conjecture, the documents related to the official investigation make this all clear in black and white.
Maybe "Justice" was in touch with Wavy and shared "his take" and the YouTuber took it as gospel, apart from that I can't figure out how he could have gotten so much wrong unless he was literally pulling things out of nowhere. Regardless of where Wavy got his bad information, the "Justice" character seems to be convinced of what went on and rather adamant about defending a man who died with blood and semen on his penis at a crime scene that police investigators admitted looked like the site of a sexual assault. Kai asked for to be tested for signs of being raped but was denied by Robert Pandina who would be passed off as a medical witness and referred to as "Dr. Pandina" in front of the Grand Jury those are both felony crimes in New Jersey. The fact that the "medical expert witness" referred to as "<i>Dr.</i>" Robert Pandina was not licensed in New Jersey. It is a felony to impersonate a medical professional in New Jersey. Running a dishwasher during the crime scene, washing out the bottles of beer that Kai said were drugged, this is called obstruction of justice as it constitutes destruction of evidence. Holding someone in solitary confinement for years without a trial? Also a crime. As you can see, multiple crimes were apparently committed here, just not necessarily by Kai.
If there was a coverup involved (as seems plausible based on the destruction of evidence, no rape kit and other issues) not all officers were involved, thankfully. Thanks to those unconnected officers we have evidence of the anomalies regarding the tainting of the crime scene before the investigation had been completed, the bottles being washed out and not collected for evidence and more.
The grand jury was also misled by the prosecution who mentioned that a rape kit was done, but only on Galfy. So there's proof that Kai didn't rape Galfy, but no one was making that assertion in the first place. It seems a calculated ploy mentioning a rape kit being done but not admitting that though Kai repeatedly told police he was raped, he was not tested.
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Currently, there is a Federal and civil suit on the basis of all these potential crimes but they can't be heard until the criminal case itself is heard.
The fact that the prosecutor, judge and public defender were close friends of the deceased, alleged rapist, the fact that Galfy's brother was a former Sheriff which possibly is why he was allowed to enter the crime scene and quite possibly was the one who ran the dishwasher, adulterating evidence of a potential rape, the unlicensed "medical expert" who was passed off as a doctor, the fact that the expert testimony could be easily rebuffed by anyone with an elementary understanding of pharmacological agents, the fact that the UCSO investigative report does note that there are potential signs of a sexual assault, the "spoliation or destruction of exculpatory evidence" that resulted from running a dishwasher in the crime scene before the investigation was through and washing the mugs and beer bottles, denial of a right to a speedy trial, violation of New Jersey law on treatment of sexual assault survivors, the conflict of interest arising from the prosecution and defense all being close friends of the deceased, the prosecutor stepping down when that conflict of interest was finally revealed, and believe it or not, that's really just scratching the surface.
If Wavywebsurf wanted a compelling story, all he had to do was go straight to the facts themselves. I'm still wondering why that's not what he did and hopefully, he'll respond to my YouTube comments or tweets requesting he considers not only the facts but also retracting his misinformation.
If you're interested in helping raise funds for Kai's legal defense you can make a donation at at the <a href="https://fundrazr.com/91KxTa?ref=ab_879yPb">page for the campaign.</a> You can also keep up with the latest updates from Kai at the <a href="https://www.facebook.com/Kai-the-Hitchhiker-Legal-Support-Page-1594410144211919/?ref=br_rs">Kai the Hitchhiker Legal Support Page</a> at Facebook.