“I should be on my way to court right now to be sentenced,” Demetrio Daga said Monday morning.
In September, Daga was convicted after a seven-day trial of violating 15 New York State criminal charges. However, County Court Judge Andra Ackerman, who oversaw Daga’s trial, delayed his sentencing until Nov. 30. The judge did not say why the delay was needed.
Daga, his attorney and even his father-in-law strongly suspect why the judge did not want to sentence the 44-year-old married father of two this week.
She’s awaiting a new pre-sentence investigation report, known as a PSI.
Even though Daga is technically facing decades behind bars, the last PSI, which was prepared by the Albany County Probation Department, recommended that he receive no jail time, only probation.
Judge Ackerman—who has already admitted she may not follow her own probation department’s recommendations—hopes a new PSI will recommend that Daga serve time behind bars, Daga and his team firmly believe.
“I think you could certainly read into that—why the judge claims she wants to see an updated PSI,” said Daga’s trial attorney Kevin O’Brien. “I know it’s legally unnecessary, and it seems strange to me. The original PSI was done over the summer. There wouldn’t be much to update, technically speaking. She’s entitled to that, so that’s what she did.”
What frustrates Daga and his legal team is the judge’s timing.
“The even more bothersome part is that if she wanted this done, we’re unsure of why it wasn’t ordered right away,” O’Brien said. “Obviously, this is delaying him and his ability to appeal the sentence. It’s frustrating for sure. I don’t know that it’s calculated, but it certainly feels that way.”
When the original PSI report was issued, which only the attorneys have access to, it caused quite a bit of consternation.
“No one had ever seen a report like it. It recommended probation only. It floored everybody, including the judge,” said Jim Googas, Daga’s father-in-law. “From what everyone has told me, it was the cleanest probation report ever seen.”
He strongly hopes his son-in-law will be released soon.
Said Googas: “I’m 71 and I’ve become the acting father of his two young boys.”
Daga had no criminal history prior to his arrest and has been a model prisoner. He has no idea why the judge asked for a new PSI.
“My attorney has asked several times for a reason,” he said. “He was told they’ll let him know when the report is done. I don’t even know what a new PSI will tell them. The charges are all the same. The old PSI said no incarceration—probation only. I haven’t had a single issue in the jail. I don’t want to believe it’s to make me suffer more, but we’re in Albany. They call Albany ‘The Machine.’ It’s a very political city. One attorney thinks they have someone rewriting the PSI report with results that will be more favorable for them. We have the original PSI. Nothing’s changed. I’ve been in jail. If they now recommend prison, what changed? What’s the difference?”
His incarceration has been hardest, he said, on his two young boys.
“My one son said it’s the end of October, when are you coming home?” Daga said. “I’m so mad … I can’t make them understand because they don’t understand politics. They’re not alone. Even people who aren’t conspiracy-minded are asking what’s going on.”
Case history
Daga’s case was investigated solely by the New York State Police. No other agency—federal, state or local—was involved in the investigation, search warrant or arrest.
Daga was convicted of 15 state weapon 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.
He was not charged or convicted of making firearms, even though his prosecutor accused him of it in court.
“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.”
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.
Blain-Lewis has never shied away from the media. In 2016, she was a contestant on the popular CBS show “Survivor.”
None of what Braga possessed is even considered illegal in a free state.
His plight is drawing attention from those who faced similar predicaments.
“I’m doing everything I can for Demetrio. Let’s hope for a surprising outcome, but if not, we’ll continue pressing onward. Let’s hope for another victory like mine,” said Patrick “Tate” Adamiak, who was recently pardoned by President Donald L. Trump after he was convicted of federal weapons charges.
Demetrio Daga’s family has established a GiveSendGo page for those who are able to help.
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This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.