Domestic violence murder case prompts proposed Legislation

Prosecutors began the trial on Tuesday of a man accused of a domestic violence murder so brazen it has led to a proposed new state law.

Madera County District Attorney Sally O. Moreno claims Julio Garay Jr. shot his estranged wife, Calley Garay, in front of their three young sons outside a doctor's office on July 14. This was although he had recently been released from jail on domestic violence charges and was subject to a restraining order.

Julio Garay was allegedly able to find out the time and place of the appointment, then used this information to ambush his wife two months after she fled with the children. His attorney, Daniel K. Martin with Fitzgerald, Alvarez & Ciummo in Madera, did not return a call seeking comment. People v. Garay, MCR067092 (Madera Super. Ct., filed July 15, 2020).

Earlier this month, Calley Garay's father filed a $55 million wrongful death suit in Madera Court. He alleges that someone told Julio Garay about the appointment over the phone: either an employee of Madera County Social Services, the Camarena Health Center or a battered women's shelter where she was staying. The complaint also alleges years of horrific abuse by Julio Garay, including beating and stabbing her and holding a gun to her head, often in front of the children. Family members have also sued for custody of the boys, claiming the county improperly placed them with a member of their father's family.

The killing inspired a bill from Sen. Anna Caballero, D-Salinas. SB 24, introduced Dec. 8, "would authorize a court to issue an ex parte order restraining a party from accessing records and information pertaining to the health care, education, day care, or employment of a minor child of the parties." Caballero has dubbed the bill Calley's Law.

"By allowing judges to evaluate and provide specific orders to protect the information about medical or dental appointments or school enrollment from the abuser, we can provide maximum protection for individuals who flee in fear of their lives, as in Calley's case," Caballero said in a news release. "We need to honor Calley's life and ensure that this never happens again to a person fleeing from violence."

California lawmakers introduced many bills to fight domestic violence during the 2019-20 session. AB 273, which Gov. Gavin Newsom signed in 2019, raised the criminal statute of limitations in domestic violence cases from one year to five, and mandated new training on domestic violence for police officers.

SB 1141, signed last year, added coercive control to the factors that may be considered in domestic violence criminal cases and child custody proceedings. This is a term for a pattern of behavior in which an abuser threatens and isolates a victim. SB 1276 removed a requirement that domestic violence shelters provide at least 10% in matching funds in order to receive state support.

But several domestic violence bills died after the COVID-19 pandemic caused the Legislature to miss several weeks of session during 2020. These bills included measures that would have made it easier to get restraining orders and codified victim's rights, including being able to hide their addresses. Meanwhile, many studies and crime records point to a likely increase in domestic violence during the pandemic, including murders.