|For Immediate Release
Case # 10WF0509
March 25, 2011
|Susan Kang Schroeder
Chief of Staff
DEFENDANT SENTENCED TO TWO YEARS IN PRISON FOR PUNCHING AND INJURING HIS PUBLIC DEFENDER REPRESENTING HIM IN
MISDEMEANOR MARIJUANA CASE
SANTA ANA – A 46-year-old man was sentenced today to two years in state prison for 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, pleaded guilty to the court to 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.
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 became 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, punched the victim in the face and broke her glasses with his fist. His assault caused the back of the victim’s head to hit the wall. The victim suffered a laceration and contusions to her face. 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.
Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit prosecuted this case.