LAKEPORT, Calif. – Two separate court trials that wrapped up this week resulted in two Clearlake men being determined to be sexually violent predators.

The rulings were made on Thursday, April 7, in the cases of Timothy John Shaw, 46, and Paul Alva, 47, according to a report from Chief Deputy District Attorney Richard Hinchcliff.

The men were tried separately in trials presided over by Judge Richard Martin in Lake County Superior Court's Department 2. Hinchcliff said the cases were prosecuted by Deputy District Attorney Ed Borg, with defense attorney Doug Rhoades representing each of the men.

Hinchcliff said sexually violent predator proceedings are a form of civil commitment codified at Welfare and Institutions Code section 6600 et seq. All persons convicted of felony crimes of sexual violence are evaluated by the California Department of Mental Health prior to their release on parole to determine if the inmate meets the criteria to be deemed a sexually violent predator.

At trial, to establish that a person is a sexually violent predator, the prosecutor must show, beyond a reasonable doubt, that the inmate has been convicted of committing sexually violent offenses against one or more victims; the inmate has a diagnosed mental disorder; as a result of that diagnosed mental disorder, the inmate is a danger to the health and safety of others because it is likely that he will engage in sexually violent predatory criminal behavior; and that is necessary to keep him in custody in a secure facility to ensure the health and safety of others, Hinchcliff said.

Alva was convicted of two counts of committing a lewd and lascivious act with a child under the age of 14 on Sept. 9, 1993, in Santa Clara County, according to Hinchcliff.

Hinchcliff said that on June 19, 2000, Alva was convicted in Lake County of annoying or molesting a child – Penal Code section 647.6 – and sentenced to 12 years in state prison. Hinchcliff said Penal Code section 647.6 is typically a misdemeanor; however, because of Alva's prior convictions, the case was charged as a felony.

Prior to his parole eligibility date of Aug. 3, 2009, Alva was evaluated by two California Department of Mental Health physicians. Hinchcliff said each evaluator concluded that Alva suffered from a mental disorder – pedophilia – and that if released he was likely to engage in sexually violent predatory behavior.

The Lake County District Attorney’s office filed a petition alleging that Alva was a sexually violent predator on Aug. 13, 2009, Hinchcliff said. Based on the evidence presented at the court trial, Judge Martin found that Borg had proven beyond a reasonable doubt that Alva was a sexually violent predator.

On Dec. 10, 1992, Shaw was convicted of four counts of committing a lewd and lascivious act with a child under the age of 14 by force against three separate victims. Hinchcliff said Shaw was sentenced to four consecutive prison terms of eight years each for an aggregate term of 32 years. He became eligible for parole on May 17, 2010.

Due to the nature of his underlying convictions, prior to his release Shaw also was evaluated by two California Department of Mental Health physicians to determine whether he met the criteria to be deemed a sexually violent predator, Hinchcliff said.

Like in Alva's case, Hinchcliff said the evaluators concluded that Shaw suffered from pedophilia and was likely to engage in sexually violent predatory behavior if released, which led the Lake County District Attorney’s office to file a petition on June 2, 2010, alleging that Shaw was a sexually violent predator.

As with Alva, Judge Martin concluded that Shaw was a sexually violent predator, Hinchcliff said.

Judge Martin ordered both Alva and Shaw committed to the State Hospital at Coalinga for an indeterminate term, according to Hinchcliff.

He said both Shaw and Alva will receive further treatment while incarcerated and will continue to be evaluated by medical and psychiatric staff at the California Department of Corrections.

Hinchcliff said both of the men will continue to be incarcerated indefinitely unless they are determined in the future by the Department of Mental Health to be safe to release into society.

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