Dear Editor:
I have read over the past several weeks the accounts of Gary
Vogel’s arrest and conviction for assaulting two Gilroy police
officers, and feel compelled to comment.
Dear Editor:
I have read over the past several weeks the accounts of Gary Vogel’s arrest and conviction for assaulting two Gilroy police officers, and feel compelled to comment.
First, let me make it clear that I know both officers involved in the arrest. I was a Gilroy police officer for more than 20 years before retiring in 1999. I worked on occasion with Officer Gallacinao and I know Officer Tiner, although he began working for Gilroy after I had retired. I don’t recall that I ever had the pleasure of running into Mr. Vogel during my employment as a peace officer.
I’m not commenting on whether there was excessive force used by the officers. I wasn’t there, didn’t see it, and haven’t talked to the officers about it. What I do want to comment on is Mr. Vogel’s statements to the Gilroy Dispatch.
Mr. Vogel states that his public defender wanted him to “plead out” because the attorney works for the county and just wanted to dispose of the case quickly. In my experience, and I’m sure if you ask any trial attorney they’d agree with me, public defenders are more likely to take a case to trial than private attorneys. They get paid the same win or lose, or whether or not they take their cases to trial. If Mr. Vogel’s attorney wanted you to accept a deal, it was because he knew you would be found guilty at trial and receive a stiffer sentence. Your attorney did you a favor and kept you out of prison for a longer period of time.
The fact of the matter is, Mr. Vogel, you had your opportunity. You had your constitutional right to have your case heard before a panel of 12 fellow citizens, to confront witnesses against you, and to have witnesses testify on your behalf. You gave all that up and pled “no contest” to the charges. A “no contest” plea is the same plea as guilty, except it cannot be used against you in a civil procedure.
You gave that up, Mr. Vogel, and admitted that what the officers alleged was factual. All the excuses and rationalizations that you provide for your plea can’t change the facts. You could have had your day in court and you passed on it. Grow up, accept responsibility for your actions, accept the consequences of your actions, and learn the lesson.
You also made an allegation that Officer Steve Morrow had threatened your 14-year-old daughter. I have known Steve for well over 20 years. I count him a good and true friend, and a decent and honest person. There is absolutely no way that he would have made the comments that you claim he made, and anybody who knows Steve knows that to be a fact.
So, Mr. Vogel, accept responsibility. You’re the one who chose to use drugs, which led your arrest and probation. Accept responsibility. You chose to carry a weapon and violate the terms of your probation. Accept responsibility. You chose not to submit to the search that the officers were lawfully permitted to conduct. Accept the consequences. You chose to waive your right to a jury trial.
The fault for this whole situation lies squarely at your feet, Mr. Vogel. Accept that.
Steve Baty, Gilroy
Submitted Wednesday, March 19 to ed****@****ic.com
The Golden Quill is awarded occasionally for a well-written letter.
