Court Rejects ‘Hatchet-Wielding Hitchhiker’ Lawsuit
A federal appeals court has upheld the dismissal of a lawsuit filed by Caleb “Kai” McGillvary, the infamous “Hatchet-Wielding Hitchhiker” currently serving time for murder in New Jersey. McGillvary claimed a 2023 Netflix documentary about his rise to viral fame and subsequent conviction defamed him and used his content without permission.
Attorneys for California nightclub Fulton 55 and other parties named in the lawsuit successfully argued that McGillvary’s appeal failed to identify any legal errors in the lower court’s decision to dismiss the case, according to a report by Patch.
From Internet Sensation to Convicted Killer
McGillvary first gained notoriety in 2013 when a local news interview of him went viral. In the video, he described using a hatchet to save a woman from an attacker by “smashing” the man on the head. The colorful interview turned McGillvary into an overnight internet sensation, even landing him an appearance on Jimmy Kimmel’s show.
Just months after his rise to fame, McGillvary was arrested for the murder of 73-year-old attorney Joseph Galfy Jr., who was found beaten to death in his Clark Township home on May 13, 2013. Prosecutors alleged McGillvary killed Galfy after they met in Times Square and Galfy invited him to stay at his home.
A Union County jury convicted McGillvary of first-degree murder in 2019, and he was sentenced to 57 years in prison.
Netflix Documentary Sparked Legal Challenge
In 2023, Netflix released “The Hatchet Wielding Hitchhiker,” a documentary chronicling McGillvary’s viral fame and subsequent murder conviction. The film included interviews with law enforcement officers, journalists, and others connected to the case.
McGillvary filed a lawsuit against multiple parties involved in the documentary, including California nightclub Fulton 55 and its general manager. In his complaint, he alleged they defrauded him, stole his performance footage, and made slanderous statements in the film.
However, a lower court dismissed the lawsuit, a decision that McGillvary subsequently appealed.
Appeal Rejected on Legal Grounds
In their brief to the U.S. Court of Appeals, lawyers for the defendants argued that McGillvary’s appeal failed to identify any specific legal errors in the lower court’s decision to dismiss his case.
“The appellant’s arguments amount to disagreements with how he was portrayed rather than identifying actual legal deficiencies in the court’s ruling,” said one legal expert not involved in the case. “Courts generally require specific claims of legal error to overturn a dismissal.”
The appeals court agreed with this assessment, upholding the lower court’s decision to dismiss the lawsuit.
Continuing Legacy of a Viral Tragedy
The case highlights the intersection of internet fame, true crime, and the legal system. McGillvary’s rapid transformation from viral hero to convicted murderer has become a cautionary tale about the unpredictable nature of overnight fame.
“What makes this case particularly compelling is how quickly the public narrative shifted,” said a media analyst who studies viral phenomena. “He went from being celebrated to reviled in a matter of months, and the Netflix documentary captures that dramatic arc.”
McGillvary continues to maintain his innocence from prison, where he is serving his 57-year sentence at a New Jersey correctional facility.
Legal Options Diminishing
With this latest setback, McGillvary’s legal options regarding the documentary are increasingly limited. Any further appeal would likely face significant hurdles, according to legal experts.
“At this point, he would need to demonstrate a clear constitutional violation or present new evidence that wasn’t available during the original proceedings,” noted a former prosecutor who reviewed the case details. “Neither seems likely based on the public record.”
The Netflix documentary remains available on the streaming platform, where it continues to draw viewers interested in the bizarre case that captivated the internet over a decade ago.
