Fresno man employs drug defense in wife's murder

FRESNO, Calif.

But his attorney claims Galvan had been on a drug binge that caused a psychotic state -- keeping him from wrapping his mind around the violence he carried out. The man ended his wife's life in a home they shared with their two kids and several other family members.

Daniel Galvan's defense is his different facial expression he uses during his trial. The 36-year-old has admitted he shot and killed Annmarie Galvan, and the details are gruesome.

"He shot her across the bed that his mother was laying in and then walked up to her and shot her right here," said prosecutor Jeff Dupras.

Family members say Galvan's children rushed to their father and asked if he'd killed their mom. But Galvan's attorney claims he barely knew what he was doing at the time. He says a three-day binge on meth and booze left Galvan in a zombie-like daze.

"Due to that psychotic state that he was in could not form the necessary mental state and thus is not guilty of murder," said Antonio Alvarez.

Galvan had been on drugs before -- and was skipping a court-ordered rehab program at the time. We're not allowed to show his sister's face in court, but she says this time was different.

"He was a little bit more, yeah, different, just like, uppity, like deranged, kind of tripped out, you know?" said Priscilla Dominguez.

Prosecutor Jeff Dupras says there was no psychotic state. He says Galvan just wanted to stop his wife from leaving him and his confession to police proves he knew exactly what he was doing.

"He finally says 'Yes I shot her. Yes I was going all the way,'" Dupras said. "He shot her 6 times in that master bedroom. He murdered her."

If the jury buys into the drug defense, they could still find Galvan guilty of manslaughter. The trial is expected to last about two weeks. Galvan is not expected to testify.

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