Prosecutors have opted not to charge Gary Vogel, the man who was
stabbed after a scuffle in a Lilly Avenue apartment, nor to charge
the woman who stabbed him.
Gilroy – Prosecutors have opted not to charge Gary Vogel, the man who was stabbed after a scuffle in a Lilly Avenue apartment, nor to charge the woman who stabbed him.
Police described the incident as a domestic dispute between Vogel and his girlfriend, identified by Vogel as Crystal Garcia, on Wednesday, Aug. 15 at the Lilly Apartments. The two were visiting Garcia’s friend Shatoya Johnson, 24, when they began fighting, police said; Vogel described the fight as “a tug of war over a cell phone.” Johnson tried to separate the couple, police said, and stabbed Vogel three times, once in the chest, once in the side, and once in the bicep.
Vogel was transported to a Stanford University trauma center for his injuries, and Johnson was arrested on charges of assault with a deadly weapon. Gilroy police released Johnson on the recommendation of deputy district attorney Frank Carrubba, who reviewed police reports before deciding to drop charges against Johnson Wednesday. Carrubba considered filing domestic violence charges against Vogel, but eventually decided against doing so.
“It’s kind of unbelievable that the DA wouldn’t press charges against her,” Vogel complained. “She should have called 911 if [the fight] was that serious.”
Johnson could not be reached for comment.
Perla Flores, director of Community Solutions’ Solutions to Violence component, said she hadn’t seen police reports on this particular incident and couldn’t speculate on the DA’s decision, but has often seen domestic violence charges dropped in Gilroy.
“It’s very frequent with our clients,” she said. “Domestic violence victims, more often than not, will recant an allegation because they’re afraid, because it’ll be worse for their physical safety, because the person is a provider. Or, a lot of the time, because they really care about this person … And it boils down to what’s provable in a court of law.”
