By Cailin Garcia
SACRAMENTO — Head of the District Attorney’s Office Sacramento Animal Cruelty Prosecution Unit Hilary Bagley-Franzoia was upset when Assistant Public Defender Damien Jovel attempted to negotiate less jail time for defendant Petra Gabriel, who made headlines in July 2020 for setting fire to her dog.
Gabriel is currently facing two felonies: one charge for maliciously injuring an animal and another for committing a malicious act of arson. Several news outlets, including CBS13 and ABC10, reported on the incident in late July.
According to CBS, the Sacramento County Sheriff’s Office stated that Gabriel sprayed her dog, Doody, with an accelerant and lit him on fire after he got into a fight with her sister’s dog. Doody was taken to the UC Davis Veterinary Hospital burn center, where he was treated for severe burns that potentially compromised his eyesight and one ear.
“Mr. Jovel is being difficult as usual,” said Deputy District Attorney Bagley to Judge Patrick Marlette when the court proceeding began Tuesday in Sacramento County Superior Court.
“You know, I’m having trouble hearing Ms. Bagley but I’m sure she said something very eloquent. I’m sure by the laugh and smiles on everyone’s faces,” replied Jovel. He appeared in court for Gabriel, who 
was not present.
“I think we’re going to confirm the TRC (trial readiness conference) and the jury trial date at this time,” Jovel continued.
“Well, why not settle this case?” asked Judge Marlette.
“Because Ms. Bagley wants too much time,” Jovel stated. “Judge, we’ve come with a reasonable offer that Ms. Bagley is just not happy for.”
Bagley was not satisfied with Jovel’s counter-deal of four years in prison when Gabriel could potentially face 12 years for the felony charges and her prior strike.
“This is the lady who torched the dog, that has a propensity for torching people, and now animals. She has a strike. It was a robbery. She had torched that victim. And subsequent to that case, she torched another victim,” Bagley argued.
“She’s somewhat de-escalated her conduct and there was a basis for this your honor. She’s not saying to just give her probation, she’s prepared to do some prison time. But Ms. Bagley wants to, you know, well she has her motives as head of the animal cruelty unit,” said Jovel.
“That has nothing to do with it,” Bagley interjected. “She has a five year prior, so it brings her maximum exposure up to 12 [years]. And he’s rather insulted my intelligence with countering only with four.”
“Could he buy down that strike with more time?” asked Judge Marlette.
“No, I want the strike,” Bagley replied. “What I really want her to do is to step up for what she did.”
“And she’s prepared to do that,” said Jovel.
“Well, I don’t think four is much of a step up. Four is what she pled to last time, when she torched a human being,” Bagley said.
“My client is almost elderly and she’s sickly,” said Jovel to Judge Marlette.
“Yeah, she’s sickly. You’ve got that,” Bagley responded.
Judge Marlette rejected Jovel’s claim that Gabriel, who is 56 years old, could be considered elderly.
“Well, Ms. Bagley, you want a strike and how many years?” asked Judge Marlette.
“Seven. And I choke up saying seven,” said Bagley. “And that gives up more than I wanted to give up when I filed this thing. And my position hasn’t changed and the evidence hasn’t changed.”
Based on Gabriel’s wishes, Jovel was unmoving in his counter-offer of four years and rejected Bagley’s offer of seven years.
“I said she would plead to a strike. I’m not trying to be completely unreasonable, I have a client I have to deal with and has to be completely accepting of this,” Jovel said to Bagley.
Bagley informed Jovel that she was sending him new discovery for the case that could potentially encourage a resolution. Jovel said he would review the new discovery with Gabriel and see if it would influence her decision about accepting Bagley’s plea.
As of now, Petra Gabriel’s case is scheduled for a jury trial in Sacramento Court Dept. 63 on Nov. 12.
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