- Gabriel Omar Gigena was sentenced to 15 months in prison for assaulting a U.S. marshal.
- Gigena, 42, placed an officer in a choke hold during his arrest in Park City, court documents show.
SALT LAKE CITY — A California man was sentenced to 15 months in prison for putting a U.S. marshal in a choke hold.
Gabriel Omar Gigena, 42, of Valley Springs, California, was convicted in April by a federal grand jury of assaulting a federal officer.
On May 4, 2024, two officers with the U.S. Marshals Service were tasked with apprehending Gigena at a park in Park City because he was wanted for a warrant issued by the state of California, according to the U.S. Attorney's Office for Utah. While taking him into custody, the officers were supposed to safely secure his twin 3-year-old daughters.
"However, security concerns hastened law enforcement's approach, which resulted in officers charging at and tackling Gigena. During the tackle, one of the officers pushed Gigena's hands away from the two young girls," federal prosecutors said.
As the officer and Gigena fell to the ground, Gigena placed the officer in a choke hold and attempted to strangle him. The officer testified in court that Gigena applied "maximum force" to his neck, according to the U.S. Attorney's Office.
Other officers threatened the use of a Taser to get Gigena to stop and eventually removed Gigena from the officer.
"Officers testified that Gigena never relented his assault or resistance of law enforcement until he was forced to do so. According to witness testimony, Gigena made multiple statements about being the 'chief of the Indian people' and that they were not allowed to arrest him," the U.S. Attorney's Office said after his conviction.
During his sentencing on Aug. 27, the court ordered Gigena to serve three years of probation in addition to his imprisonment. Gigena was ordered to surrender to the custody of the U.S. marshals on Friday.
"Gigena is a danger to the public and to law enforcement across the country," said acting U.S. Attorney Felice John Viti of the District of Utah. "Gigena engaged in very serious and violent conduct against a law enforcement officer, and that is unacceptable."
