by Lee Williams
The Albany County Probation Department has recommended that Demetrio Daga be put on probation and serve no time behind bars, according to a recent report.
The news came last month after a jury found Daga guilty of violating 15 New York State firearm charges. New York is one of very few states that criminalize homemade firearms.
Unfortunately for Daga and his family, County Court Judge Andra Ackerman has said she may not follow her own probation department’s recommendations, and that she will likely sentence the 44-year-old married father-of-two to decades in a state prison.
Judge Ackerman did not respond to calls or emails seeking her comments for this story.
“The Albany County Probation Department is an arm of the judiciary,” Daga’s defense attorney Kevin O’Brien said Monday. “They looked at the charges, interviewed Demetrio [Daga], and looked at court documents. Frequently—almost always—the court relies upon their report.”
O’Brien credits Daga for the no-jail recommendation, whom he described as a hardworking and honest family man.
Daga, who remains held in the county jail, is hearing words of thanks from across the country for standing up for his Second Amendment rights and for not accepting a plea deal.
“These are not privileges. These are our rights,” he said Monday morning. “I do not understand how someone with my history is facing decades in prison away from my wife and children. I didn’t threaten anyone. I didn’t even say anything negative about law enforcement. I was exercising a constitutional right within the parameters of the law.
“These rights are plainly spelled out in the Constitution: ‘Shall not be infringed.’ People who haven’t harmed anyone should not be facing decades in prison for activities that are protected by the Constitution,” Daga said. “If we allow them to continue, it’s terribly wrong.”
Daga said he now has a “newfound respect” for the prison guards.
“They deserve a lot of credit,” he said. “They keep their humanity and their sense of humor.”
Case history
Daga was convicted of 15 state charges: one count of Criminal Possession of a Weapon in the First Degree, two counts of Criminal Possession of a Weapon in the Second Degree, three counts of Criminal Possession of a Weapon in the Third Degree, and nine counts of Criminal Possession of a Firearm.
Only the New York State Police were involved in the investigation and his arrest. Neither the ATF nor any other federal agency took part.
“Demetrio Daga was buying and producing gun parts and building weapons in his home,” Deputy Chief Assistant District Attorney Jessica Blain-Lewis told the jury during closing arguments. “And he wasn’t just someone who builds guns, he was building an arsenal.”In 2016, Blain-Lewis appeared on the CBS hit show “Survivor: Millennials vs. Gen X.”
What she referred to as Daga’s “arsenal” consisted of 13 handguns, which she called “ghost guns,” 22 “AR-style assault rifles,” which she also said were “ghost guns,” 18 “AR-style assault rifles” with serial numbers, and two pump-action shotguns.
Family irate
Daga’s mother, Domenica Greco, is livid that her son is facing any time behind bars.
“I have a million reasons!” she exclaimed. “He’s not a criminal. He’s never broken the law. He’s a good person. He’s a loyal husband and a great father. He loves his family. He would never even hurt an animal. He’s not a criminal. He’s never done anything to hurt anyone. He believes in the Second Amendment, and believing in the Second Amendment does not make you a criminal.”
While her son is facing up to 40 years in prison, Greco said she sees news stories almost daily about felons caught selling guns and drugs getting much less time behind bars.
“The mentality in this area is that guns are bad,” she said. “We just had a 15-year-old who was shot and killed at 2:30 a.m. on Homecoming Weekend. All the media said we’ve got to get rid of the guns. It was the gun’s fault, they said. It wasn’t the fault of someone shooting the gun. This is the mentality we’re dealing with in Albany.”
She repeated that Daga was never accused of misusing or selling any of his homemade firearms.
“He was exercising his Second Amendment rights in his home, and they went after him,” she said. “Now, they’re gonna make an example out of him. My son does not belong in prison. I don’t believe in the criminal justice system the way it is now. How is society being served by him being in jail?”
Demetrio Daga’s family has established a GiveSendGo page for those who are able to help.
The post Probation department recommends no jail time for Demetrio Daga, but judge may disagree appeared first on Second Amendment Foundation.