Veteran San Jose Police officer Stephen Gallagher, 49, was
sentenced Thursday to five years in state prison on two counts of
lewd and lascivious behavior with his 11-month-old daughter. He
also faces possible federal weapons charges in Nevada.
Veteran San Jose Police officer Stephen Gallagher, 49, was sentenced Thursday to five years in state prison on two counts of lewd and lascivious behavior with his 11-month-old daughter. He also faces possible federal weapons charges in Nevada.
Superior Court Judge Ronald T. Lisk ordered Gallagher to prison on the two felony counts and placed him on parole for five years when he leaves prison. Gallagher also must register as a sex offender for the rest of his life.
“The judge could have sentenced him to the maximum of 10 years, he could also have given him probation,” Deputy District Attorney James Gibbons-Shapiro said Friday. “The judge had a lot of sentencing options in front of him.”
Gallagher had pleaded guilty Feb. 9 to the charges stemming from a Feb. 1 incident. The 22-year police veteran was arrested Feb. 2 while on duty. He had been in custody since the arrest.
The daughter’s mother had placed a “nanny cam” that caught Gallagher in a sex act with the infant.
The toddler and her mother, who was Gallagher’s girlfriend, live in unincorporated Morgan Hill. Gallagher does not live at the home and does not have custody of the girl.
Gallagher now has two strikes under the three strikes law, Gibbons-Shapiro said. If convicted of another felony, he will receive a mandatory 25 years to life sentence.
Gallagher also may face federal weapons charges following a raid on his home in Nevada, Shapiro said.
Cheeto Barrera is an intern at the Morgan Hill Times. He can be reached at cb******@*************es.com.
