From:
Karyn Sinunu, Assistant District Attorney   CONTACT PERSON:
Mark Hood, Supervising Deputy District Attorney
South County Facility
(408) 686-3604   For Release on March 17, 2003   GARY VOGEL PLEADED NO CONTEST TO ASSAULTING TWO GILROY POLICE OFFICERS   On March 14, 2003, in Santa Clara County Superior Court, Gary John Vogel pleaded no contest to charges arising from his use of pepper spray on two Gilroy police officers while they attempted to place him under arrest.  Vogel, 37, of Gilroy, pleaded no contest to a felony charge of battery on peace officers, a felony charge of resisting or deterring an officer, and a misdemeanor charge of being under the influence of methamphetamine.   Vogel was arrested on December 4, 2002, after his altercation with Gilroy officers Tiner and Gallacinao.  The officers were on routine patrol when they came across Vogel in a residential neighborhood.  Officer Gallacinao was familiar with Vogel and was aware that he was on probation and subject to search by law enforcement; he appeared to be under the influence of narcotics.  Officer Gallacinao also noted what he thought was narcotics paraphernalia in his pocket.  Officer Gallacinao explained to Vogel he was going to search him subject to his probation terms.  Vogel refused and began to run away.  In his attempt to flee, Vogel fell to the ground and Officer Gallacinao attempted to take him into custody for resisting, delaying, and obstructing an officer.  Vogel became extremely combative and physically resisted Officer Gallacinao.  Officer Tiner assisted Officer Gallacinao with his attempts to subdue Vogel.  Vogel would not submit and retrieved a canister of pepper spray from his pocket and sprayed both officers in the face. Both officers were incapacitated as a result of the pepper spray.  Additional police officers were able to place Vogel under arrest.  A subsequent blood test revealed Vogel was under the influence of methamphetamine.   The sentencing date is set for April 7, 2003.  Pursuant to a negotiated settlement, Vogel will be sentenced to two years in state prison.  He will be on parole for a period of three years.  He will also be required to make restitution to the Gilroy officers.   ###

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