Source: Federal Bureau of Investigation (FBI) State Crime Alerts (c)
Salt Lake City, Utah – A federal jury in Salt Lake City returned a guilty verdict against a California man after he assaulted a federal officer while law enforcement attempted to arrest him on an outstanding warrant.
Gabriel Gigena, 41, of Valley Springs, CA, was charged by indictment on July 10, 2024.
According to court documents and evidence presented at trial, on Saturday May 4, 2024, members of the United States Marshal Service (USMS) were summoned to assist with the apprehension of Gigena, who was wanted for a warrant issued by the State of California. Law enforcement learned Gigena was at a park with his twin three-year-old daughters in Park City, Utah. In a briefing, members of the arrest team outlined their goal to take Gigena into custody while ensuring the safety of his children and others.
According to evidence and testimony presented at trial, as Gigena walked down a parking lot, two task force officers with the USMS were tasked with apprehending Gigena and securing the children. 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. As this officer and Gigena fell to the ground Gigena placed his arm around the officer’s neck and started to strangle him. The officer testified in court that Gigena applied maximum force to his neck. Other officers on scene called out “police” and told Gigena to stop. Meanwhile, additional agents arrived on scene in vehicles that had flashing red and blue lights. These additional officers also assisted in taking control of Gigena. At one point, another officer displayed and threatened the use of a taser to get Gigena to comply. Another officer gained control of Gigena’s arm and removed it from the officer’s neck. 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. Gigena was taken into custody soon after the assault.
“His resistance was aimed at injuring the officer,” said Assistant U.S. Attorney Drew Yeates during closing arguments. “Despite multiple warnings, despite multiple commands, the defendant fought to the bitter end until he was finally placed in handcuffs.”
Gigena’s sentencing hearing is scheduled for July 1, 2025 at 10:00 a.m. in courtroom 8.3 before Senior U.S. District Court Judge Ted Stewart at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
Acting United States Attorney Felice John Viti of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office.
Assistant United States Attorneys Sam Pead and J. Drew Yeates of the U.S. Attorney’s Office for the District of Utah are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce gun violence and other violent crime, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.