Judge has harsh words for ex-Fresno City Council staffer convicted of domestic violence
A Fresno County Superior Court judge has ordered Daniel Gai, the former Fresno City Council staff member convicted of domestic violence charges, to be given a diagnostic evaluation by the Department of Corrections and Rehabilitation prior to sentencing.
Gai was expected to be sentenced Monday for several violent felonies related to a 2019 domestic violence incident involving his fiance and her mother.
A Fresno County Sheriff’s Office report details how Gai threw the victim (his fiance) against a baby’s crib then held her on the ground while he choked her with both hands. He also attacked the victim’s mother.
But Judge Jeffrey Y. Hamilton said Monday that he is unsure if Gai, 44, would be a suitable candidate for probation or if he should be sent to prison.
During his diagnostic evaluation, Gai will be observed and examined at a Department of Corrections facility.
Within 90 days, a report will be prepared for the judge, in order to help him decide if Gai should be sent to prison for up to 11 years, four months.
“And I will do it if it is clear to me that you don’t care about fixing the things you have broken,” Hamilton said, speaking to Gai.
Judge gives tough message
The judge had harsh words for Gai, who formally worked for Councilmember Garry Bredefeld.
While Gai’s lawyer, Eric Schweitzer, described his client as an alcoholic who hit rock bottom, Judge Hamilton said he wasn’t sure Gai has reached that point.
“I don’t think you yet understand what you have done and who you have done it to,” the judge said.
Hamilton said he was impressed with the number of letters of support written on Gai’s behalf. He believes they were heartfelt.
Half of the courtroom was filled with Gai’s friends, family and supporters.
“But the one letter I didn’t read was the one from you, there was nothing, zip, zilch, nada, not a word,” the judge said. “I didn’t hear from you.”
Schweitzer supported the judge’s decision for an evaluation.
“The 90-day diagnostic is a tool judges use when they are on the fence, given that so much here depends on Mr. Gai’s actual understanding of the gravity of his actions. No letter from Mr. Gai is going to achieve that.”
Deputy District Attorney Heather Spurling, the prosecutor in the case, said it is clear based on Gai’s actions that he should be sent to prison.
She called his attack on the victims callous and heinous. She also said that while Gai has been in jail, he has contacted the victim by phone at least twice — a violation of the protective order issued against him.
“This conduct shows he cannot follow the law,” she said. “In light of all of this, he deserves prison, he’s earned it.”
When Hamilton asked Gai if he wanted to say something, he spoke briefly, saying he was “deeply sorry” for what he has done.
Violent incident
Gai’s troubles stem from a 2019 domestic violence incident involving his fiance and her mother.
Police said that on the evening of May 16, 2019 Gai came home drunk from an event and got into an argument with his fiance.
According to a Fresno County Sheriff’s Office report, the victim became angry with Gai for getting drunk and driving home. She told him numerous times to leave, but he ignored her.
Gai told the victim he wanted to see his child, who was asleep in another room, but the victim said no and tried to stop him, the report said.
Gai became upset and tackled the victim, according to the report. He then threw her against the crib before throwing her on the ground, where he began choking her with both his hands, according to the report.
He pleaded no contest to one count of committing corporal injury on spouse or cohabitant, three counts of assault by means likely to produce great bodily injury, and one count of child endangerment.
Gai also faced two counts of criminal threats that were challenged by his attorney.
Schweitzer argued that his client’s perception of reality was severely impaired the night of May 16, 2019. It’s possible, Schweitzer said, that someone slipped a drug in his drink.
Prosecutor Spurling said it was clear Gai knew what he was doing that night, including choking his fiance until she nearly passed out and also choking her mother.
Spurling described Gai’s actions that night as a vicious attack by someone who was consumed by anger and rage. Gai became violent after the victim told him he couldn’t see their child because he was drunk. He then lunged at her and began choking her, according to a police report.
Judge Hamilton found Gai guilty on the two counts of criminal threats.
The new date for Gai’s sentencing has been scheduled for Jan. 14 at 1:30 p.m.
This story was originally published October 18, 2021 at 4:36 PM.
