A woman who stabbed a Gilroy man while he fought with his
girlfriend will not face charges, deputy district attorney Frank
Carrubba said Wednesday.
Gilroy – A woman who stabbed a Gilroy man while he fought with his girlfriend will not face charges, deputy district attorney Frank Carrubba said Wednesday.

Shatoya Johnson, 24, was arrested Wednesday night on charges of assault with a deadly weapon after stabbing Gary Vogel, who was grappling with his girlfriend, an unidentified woman, in Johnson’s Lilly Avenue apartment. Johnson was using a kitchen knife to prepare a meal when the two visitors began fighting. She stabbed Vogel in the chest, side and bicep while trying to separate the couple.

Gilroy police initially arrested Johnson, then released her on Carrubba’s recommendation as the DA tried to sort out who would face charges in the case.

Carrubba has not yet decided whether Vogel will face domestic violence charges. The Gilroy man is familiar to police: In 2002, Vogel claimed he used pepper-spray in self-defense against Gilroy police officers Erik Tiner and Chad Gallacinao, who had stopped Vogel, a probationer, for a routine search. His mother, Joann Vogel, filed a brutality complaint with the Gilroy police department. Both the department and the DA’s office found that Tiner and Gallacinao had done nothing wrong.

Though Vogel later pleaded no contest to battering an officer, resisting arrest and being under the influence of methamphetamine, he maintained that he was a victim and had accepted the charges on his attorney’s advice.

Carrubba said he would likely decide whether to charge Vogel today.

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