Former Stanislaus deputy to be a prisoner after no-contest plea

Former sheriff's deputy Michael Galvan walked into Stanislaus County Superior Court on Tuesday holding hands with his wife and daughter and left a half-hour later with an order to surrender to the downtown jail Thursday morning.

Galvan, 31, of Turlock pleaded no contest to assault under the color of authority and embezzlement three months ago, when attorneys negotiated a 16-month prison sentence.

In the process, the man who wore a badge and gun for five years escaped the much more serious charge of rape with the threat of use of authority. But his victim insisted that the sex act amounted to rape, not assault, noting that Galvan was in uniform when he showed up at her home Dec. 15, 2005.

The woman addressed the court before Galvan was sentenced, saying she should have been able to trust an officer of the law. Instead, she said, she was intimidated by a man who said he would have her children taken away if she did not agree to a sexual encounter.

"This man did not break into my home, he knocked on my front door and I let him in," said the woman, who is referred to as Jane Doe in legal papers. "His weapon of choice was my two innocent children."

Defense attorney Robert Forkner said the assault charge speaks for itself. In a previous interview, he said Galvan's indiscretion did not amount to a coerced sex act.

Though the criminal case is over, litigation continues. The woman is seeking $600,000 from Stanislaus County, because Galvan was on duty when he allegedly threatened to tell Child Protective Services that he found drug paraphernalia in her home.

Galvan's no contest plea can be considered an admission of guilt when the civil case proceeds. A July 15 trial is scheduled.

The authorities said Galvan was in the woman's home to investigate a possible break-in, but she disputes that, because she did not call for help. She said Galvan was the subject of an undercover operation months later because a detective on a gang task force took her complaints seriously.

Galvan was arrested Dec. 1, 2006, nearly two weeks after an FBI sting at Hanshaw Middle School in south Modesto, where the deputy had been working as a school resource officer.

According to court records, an undercover agent approached Galvan in the school parking lot on Nov. 17, 2006, and handed the deputy a blue fanny pack containing $1,149 in cash. Twelve days later, the money had not been entered into evidence and a judge signed a warrant for Galvan's arrest.

The district attorney's office added the rape charge a week later.

The Sheriff's Department fired Galvan on Dec. 13, 2006.

Judge Donald Shaver accepted the plea deal prosecutors offered, saying Galvan can serve two 16-month terms concurrently. A prosecutor dropped a charge involving the possession of brass knuckles, which are illegal.

Galvan, who surrendered his passport shortly after he was arrested, remains free on $350,000 bail until he surrenders to the authorities at the downtown Modesto jail.

He then will be taken to the California Department of Corrections and Rehabilitation. He must serve half his time, or eight months behind bars, before he becomes eligible for parole. Galvan may not hold a public service job again.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.

This story was originally published June 25, 2008 at 5:21 AM with the headline "Former Stanislaus deputy to be a prisoner after no-contest plea."