There’s enough wrong with the picture surrounding Gary Vogel’s
arrest that it raises some serious questions worthy of scrutiny
inside and outside the Gilroy Police Department.
There’s enough wrong with the picture surrounding Gary Vogel’s arrest that it raises some serious questions worthy of scrutiny inside and outside the Gilroy Police Department.
Two Gilroy Police officers stopped the 34-year-old citizen who was on probation for a minor drug offense – a misdemeanor methamphetamine possession conviction.
The GPD officers apparently spotted Vogel – who was working as a landscaper in a neighbor’s yard – with what they thought was drug paraphernalia in his pocket. The officers claimed Vogel’s appearance was dirty and that his pupils were constricted – a sign of stimulant use. It’s important to note that drug tests administered later that day came back negative for any illegal substances in his system.
The officers wanted to search Vogel – who refused – and a fight ensued.
It turns out Vogel was carrying pepper spray – also not allowed under the terms of his probation – not drug paraphernalia, and, in an act of stunning stupidity, Vogel used the spray on the officers during the scuffle.
What we are left with is a sad mess.
Vogel was injured in the fight – his mother says he racked up $2,000 in medical bills at Saint Louise Regional Hospital’s emergency room. He now faces up to six years in prison as a result of new charges stemming from the incident – six years that could cost taxpayers roughly $240,000.
Vogel has charged the police with brutality and is planning to file a civil suit against the GPD. Investigations by the district attorney and the GPD have found no wrongdoing by the two officers.
But that clearance is small comfort.
Vogel was not under the influence of any illegal substances and was working – which is what society wants offenders to do. He was carrying pepper spray in violation of his probation terms, but he claims it was to protect him from a bothersome dog near his work site.
We don’t think Vogel should get off scot-free in this incident – far from it. But we do urge prosecutors to consider all the circumstances and weigh the cost to taxpayers to incarcerate Vogel for another six years.
Perhaps prosecutors could drop some charges and seek minimum sentences in exchange for Vogel abandoning his police brutality case.
This is a troubling issue – Vogel clearly should have submitted to the search and should not have pepper-sprayed the officers. But to stop a landscaper who looks dirty? Isn’t a clean landscaper more suspicious? And don’t Gilroy officers have bigger fish to fry than a small-time drug offender? We’re not talking about a violent felon here. The incident raises questions about the police officers’ priorities and judgment and a departmental review is in order.
Let’s hope reason prevails. Prosecutors should craft a reasonable plea bargain that doesn’t overly punish taxpayers. Vogel should be punished, but not so harshly that the end result is that society has a criminal hardened by time spent in the pen. And, perhaps most importantly, the Gilroy Police Department ought to review procedure for such probation stops.
