Santa Rosa man may face trial next year for murder of his mother's boyfriend

A Santa Rosa man may face trial next year for shooting his mother's boyfriend during an argument in their apartment on Dec. 20.

During an appearance in Sonoma County Superior Court on Thursday, Judge Dana Simonds set Troy Henry's criminal trial for April 4.

The 19-year-old is accused of murdering 34-year-old Seamus Gilshenan. According to court documents, he is also charged with possession, manufacture or modification of a machine gun.

Henry, who has pleaded not guilty to the charges, is being held in the Sonoma County Jail without bail. Simonds ordered him to appear in court for a bail hearing on Sept. 3.

Thursday's hearing came three days after Judge Laura Passaglia rejected a July 8 motion by Henry's defense attorney to dismiss the murder charge.

The case stems from Gilshenan's murder in the 800 block of Yulupa Avenue. His attorney, Joseph Stogner, argued it happened during a violent argument and there was no malice or premeditation involved.

“The evidence merely supports the conclusion that Troy allegedly fired the Glock during Gilshenan's attack without any careful consideration of the consequences of that act,” Stogner wrote in his motion.

In a rebuttal filed July 29, Sonoma County Assistant District Attorney Andrea Tavenier wrote that Henry had harbored a “longstanding dislike” toward Gilshenan and had expressed his hostility on more than one occasion.

“He had a physical altercation with Mr. Gilshenan over his presence in the apartment in the months before the murder,” Tavenier wrote. “And less than two weeks before he killed Mr. Gilshenan, the defendant texted his mother: 'Bring that (expletive) around here, he's going to get caught.'”

A preliminary hearing was held against Henry in May and Simonds concluded that prosecutors had presented enough evidence to put him on trial.

The investigation began on December 20, when Henry called 911 and told emergency services he had shot someone in self-defense.

Records and witness statements showed that the argument broke out when Henry came home from work that morning and found Gilshenan in bed with his mother.

An argument ensued. Henry eventually got a gun from his bedroom and both men eventually wrestled over it.

During the preliminary hearing, Santa Rosa Police Detective Jason Jucutan testified that Henry fired shots that struck Gilshenan three times in the chest.

In an interview after the shooting, Jucutan testified: Henry claimed he pulled the trigger only once, did not expect to fire three shots, and had no intention of killing Gilshenan when the argument began.

You can reach the editor Colin Atagi at [email protected]. On Twitter @colin_atagi