This ‘bizarre’ Madera homicide case might change California’s domestic violence laws
Alleged disclosure of private information from a clinic in Madera led to the tragic death of a victim of domestic violence in a case that has now sparked several legal battles and allegations of conflict of interest among the agencies involved, according to court records and multiple interviews.
Calley Jean Garay, 32, and her three young children had managed to escape her alleged abuser last May with $19 in quarters. But a few months later, Julio Garay — her estranged husband — found out about a doctor’s appointment, and he showed up to gun her down in broad daylight, according to police.
Julio Garay allegedly shot Calley Garay on July 14 as she shielded her children from the shooting outside the Camarena Health Center in Madera, according to police. The children and a victim services driver weren’t hurt physically in the incident, according to the family.
Julio Garay has pleaded not guilty in connection with the slaying. His trial gets underway this week in Madera County Superior Court.
The case has drawn the attention of the state Legislature.
“The violent attack that resulted in the death of Calley Garay was tragic and could have been avoided,” Sen. Anna Caballero, D-Salinas, who represents parts of Madera, Merced and Fresno counties, told The Bee in December. “No person who has fled their abuser should be afraid or worried that a simple oversight could lead to the disclosure of their private information.”
Calley’s case not only has prompted Caballero to introduce a proposed domestic violence law in the California Legislature, but it has also spurred allegations of conflict of interest by the agencies involved, according to records and multiple interviews.
The case also has resulted in a multi-million dollar claim for damages against Madera County and sparked accusations of the Madera County Department of Social Services mishandling the placement of Calley Garay’s young sons after her death.
“It is such a bizarre case,” Shelly Trout, Calley’s stepmother, told The Bee in December.
Jury trial gets underway in alleged domestic violence slaying in Madera
Julio Garay’s trial was scheduled to begin Tuesday.
Madera County District Attorney Sally Moreno said Julio Garay faces the possibility of life without parole if convicted.
Daniel K. Martin, the defense attorney representing Julio Garay, said his client has maintained his innocence throughout and is looking forward to his day in court.
“We are set for trial, but the trial has been continued a number of times,” he told The Bee in an interview last week. “But once the trial is had, this entire case is going to look very different.”
Thus far, Martin said, only the prosecution has had the opportunity to call witnesses and present evidence. During the trial, both sides will have the opportunity to put forward arguments and evidence about what happened, he said.
Madera case could lead to new domestic violence laws in California
Caballero, in December, introduced Senate Bill 24 to provide greater protection to victims of domestic violence. The bill, if enacted, would require the California Judicial Council to develop and update necessary forms, such as restraining orders, and protocols to make sure third parties, such as health care providers or schools, “do not inadvertently release sensitive information to an abuser who is subject to a restraining order,” she said.
Moreno, whose office saw three domestic violence homicides in 2020 — after the pandemic started — compared to only one in 2019, said she’s generally in favor of giving judges more tools to help protect victims of domestic violence.
“It’s a huge tragedy for the victim and her children, as well as their other family members,” Moreno said of Calley Garay’s case during an interview. “She had fled. Statistically, when women flee is the most dangerous time for them, and this just kind of bears that out.”
Family files $55 million claim for damages in Madera County
Julio Garay had been arrested before for domestic violence against Calley Garay, court records show.
Calley Garay left her home on May 15, filed a domestic violence report against Julio Garay and obtained an emergency protective order.
He was arrested soon after but was released on bail, raising questions among the victim’s family about why that was allowed. In June, Calley Garay obtained a restraining order against him. The Community Action Partnership of Madera County, which provides victim services, was helping Calley Garay and her children, ages 2, 4 and 6, according to multiple interviews with the family, attorneys and court records.
Baldwin Moy, an attorney with the California Rural Legal Assistance, had been contacted by the Community Action Partnership to help represent Calley legally. He said he had filed the restraining order against Julio Garay and a spousal and child support case, to which Julio Garay was complying with.
Moy had already prepared Calley Garay’s divorce paperwork but hadn’t filed it. Calley, he said, “was like a slave,” almost living in “captivity.” She wasn’t allowed to communicate with her family, according to Moy and several family members. Julio Garay allegedly beat the victim with a metal pole and a fire poker, according to a $55 million claim for damages her family filed last week against Madera County and other agencies.
“He (Julio Garay) enslaved her and treated her like an animal,” Moy told The Bee.
He described it as a “very extreme case” but said Calley was hopeful.
“She actually began to make plans for a new life,” he told The Bee. “She saw light at the end of the tunnel.”
But then someone at the Camarena Health Center allegedly provided details of Calley Garay’s doctor’s appointment to Julio Garay, despite her case file being flagged, according to Calley’s father, Keith Trout.
Represenatives of Camerena Health Center declined to comment.
“Somebody overlooked that flag, and they called him to verify her appointment,” Trout told The Bee in December. “He knew where she was going to be at.”
Attorney denies any conflict of interest in the case
The victim’s family members who spoke with The Bee say her death could have been prevented. They also raised questions of a possible conflict of interest in the case with the agencies involved following her death.
“It’s something that you would see on TV and not believe it,” Calley Garay’s father said.
According to a report that was presented and submitted to the Community Action Partnership of Madera County’s Board of Directors on Dec. 10, staff were waiting to hear back from the organization’s attorney Russell Ryan on a review and suggested changes to the Martha Diaz Shelter Resident Handbook involving domestic violence services following Calley Garay’s death.
According to Ryan’s attorney profile, not only does he represent the Community Action Partnership, but the Camarena Health Centers that are listed as a current client. After several calls, Ryan asked The Bee to send questions by email.
Ryan said he was not able to respond to The Bee’s questions or comment on the claim for damages, which could result in litigation. He said he doesn’t have “any personal knowledge regarding the incident, the events of that day or any subsequent communications with those involved.”
“I can state that I am not aware of any potential or actual conflict of interest between CAPMC (Community Action Partnership of Madera County) and Camarena Health with regard to this incident and any actions taken thereafter, and do not believe there is likely to be a potential or actual conflict of interest as a result of any legal representation I may provide to either CAPMC or Camarena Health,” he wrote in an email.
Camarena Health Center’s Chief Executive Officer Paulo A. Soares sent an email to The Bee (Ryan was copied): There are currently a few legal cases pending as a result of this incident,” he wrote. “Because of this, I am not at liberty to discuss it with you.”
Community Action Partnership did not respond to multiple requests for comment.
The Department of Social Services, the claim says, failed to train and supervise its subcontractors properly.
Victim’s family fighting for custody of children
The victim’s family alleges having to endure a painful battle with the Madera County Department of Social Services over the placement of Calley Garay’s three children while grieving the victim. They say the department was initially planning to place the three young boys with someone in the victim’s family.
Three family members who spoke with The Bee claim the department suddenly “flipped” and placed the three young boys with the father’s adult son, whom they identified as Julio Garay Jr.
The victim’s family members say several of them, including the grandparents, are still fighting to gain custody of the boys.
“The wrongful death suit was brought up, and they just shut everything down for our side of the family,” Calley Garay’s father told The Bee in December.
Calley Garay’s family say Garay Jr. has a history of domestic violence like his father and other adult siblings.
On Jan. 31, 2018, felony assault charges and two separate battery misdemeanor charges were filed against Garay Jr., according to court records. Court records indicate he completed a domestic violence program, and charges were dismissed on Aug. 5. It’s unclear whether all or only some charges were dismissed.
Records also show Garay Jr. had a restraining order in 2014 against a woman with whom he also had a family law court case. Garay Jr. is also mentioned in another family law case from 2011 with a different woman.
“This is what their mom died getting them out of,” Sarah Rodriguez, Calley’s cousin, told The Bee.
Rodriguez, who has hired an attorney, is still hoping to adopt the boys.
“It’s just crazy that they would take children away from ... the victim’s family and give them to the murderer’s family, and now we are at their mercy again,” Rodriguez told The Bee. ”He (Julio Garay) spent all these years separating these little boys and Calley, secluding them from their family, and now that’s exactly what CPS is trying to do, too.”
Rodriguez claims the Department of Social Services hasn’t officially made the recommendation on the placement in court. She said her attorney plans to push back when the recommendation reaches the court level.
Deborah Martinez, director of the Madera County Department of Social Services, said her agency couldn’t provide any comment.
Garay Jr. wouldn’t confirm whether the children are placed with him, but he said “yes” when asked if his domestic violence charges were dismissed after he completed a program.
“There is not one single person that’s perfect in the world, but we are not who we were three years ago or four years ago,” he told The Bee. “We shouldn’t hold anything, anybody against each other, nor was I convicted of anything.”
He said the accusations “are what they are,” and alleged Rodriguez also had a domestic violence incident in 2016. He didn’t want to comment much further on the case, overall.
“I understand everybody is feeling different about the case, but I’m not concerned about anybody else’s feelings,” he said.
Rodriguez, who said she doesn’t have any domestic violence court cases or convictions, was open about a robbery charge she was convicted of when she was 18. She drove a car when her crime partners committed a robbery. Though, she provided The Bee a copy of a pardon by Gov. Gavin Newsom.
Rodriguez says she has been a real estate agent for years now, and her husband is a paramedic and firefighter. She says she was close to Calley growing up. She helped her escape in May and was listed as Calley’s contact on her emergency plan with the Community Action Partnership’s victim services.
“At the end of the day, the three little boys, all they should have worries about is grieving their mom,” Rodriguez said.
This story was originally published January 12, 2021 at 5:00 AM.
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