DEFENDANT AWAITING JURY TRIAL FOR MISDEMEANOR MARIJUANA CITATION ARRAIGNED ON FELONY ASSAULT CHARGES AFTER PUNCHINGAND INJURING HIS PUBLIC DEFENDER

OCDASeal

Orange County District Attorney
Press Release


Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
Case # 10WF0509


 



March 26, 2010

Susan Kang Schroeder
Public Affairs Counsel
Office: 714-347-8408
Cell: 714-292-2718

Farrah Emami
Spokesperson
Office: 714-347-8405
Cell: 714-323-4486

DEFENDANT AWAITING JURY TRIAL FOR MISDEMEANOR MARIJUANA CITATION ARRAIGNED
ON FELONY ASSAULT CHARGES AFTER PUNCHINGAND INJURING HIS PUBLIC DEFENDER

 

WESTMINSTER – A 45-year-old man was arraigned this afternoon on felony assault charges after punching and injuring his public defender after getting angry with her regarding her representation of him on a marijuana citation.  Gaylord Tootsie Daney, Santa Ana, was charged this morning with one felony count each of assault on a government official, aggravated assault, and battery with serious bodily injury, with sentencing enhancements for personally inflicting great bodily injury.  If convicted on all counts, he faces a maximum sentence of six years in state prison. The defendant is in custody on $50,000 bail. Daney is scheduled for a pre-trial hearing on April 8, 2010, and a preliminary hearing on April 9, 2010, at 9:00 a.m. in Department W-14, West Justice Center, Westminster.

 

On Dec. 31, 2009, a Westminster Police officer issued Daney a misdemeanor citation (WE800268) for possession of less than an ounce (28.5 grams) of marijuana.  The maximum punishment for this crime is a $100 fine.  No jail time may be imposed upon conviction. 

 

On Feb. 24, 2010, the defendant was arraigned on the misdemeanor citation at the West Justice Center.  The court appointed an attorney from the Orange County Public Defender’s Office (OCPD) to represent Daney at little or no cost to him.  The court set a pre-trial date of March 12, 2010, and a jury trial of March 24, 2010.

 

On March 23, 2010, Daney appeared in court with his assigned Deputy Public Defender, Donna L.  The Honorable Michael J. Cassidy conducted a hearing requested by the defendant to relieve his attorney.  The court denied the defendant’s motion for new counsel, and the defendant was ordered back to court the next day.

 

On March 24, 2010, at approximately 9:00 a.m., Daney is accused of becoming angry with Deputy Public Defender Donna L. while standing in a hallway at the West Justice Center. The defendant, who is approximately 6’2” tall and weighs 185 pounds, is accused of punching the victim in the face and breaking her glasses with his fist.  He is accused of causing the back of the victim’s head to hit the wall.  Daney is accused of causing a laceration and contusions to her face, causing her to scream and fall on the floor.  Deputies from the Orange County Sheriff’s Department rushed to her aid and took the defendant into custody.  

 

On March 25, 2010, the OCPD declared a conflict and was relieved from representing the defendant on the marijuana case.  A conflict attorney was appointed to represent the defendant at little or no cost to him.  A new jury trial date has been set for April 15, 2010. 

 

Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit will be prosecuting this case.

 

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