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Bail Raised to $250,000 for Suspect in Rape, Kidnap of Ex-Girlfriend

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Times Staff Writer

Bail for a man accused of raping and kidnaping his ex-girlfriend was raised from $75,000 to $250,000 Friday after the victim, Tamra Wimler, told a judge that the man has threatened to kill her, her family, her friends and her landlord.

“He said he had a contract out on me,” she said, describing threats she said Jerry Gallo made after allegedly kidnaping her last summer at gunpoint and sexually abusing her in an abandoned Chula Vista warehouse.

“He said that he would go after me and my family. He made threats to people who know me, including my landlord. He made threats to blow up a car . . . .”

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Throughout the bail review hearing, Gallo, 35, stood staring at San Diego County Superior Court Judge J. Richard Haden, his eyes not moving toward Wimler in the center of the courtroom.

Attorney Offers Rebuttal

His attorney, Nicholas DePento, told the judge that his client would not harm Wimler. He also said he believed she was actually intimidating Gallo.

“These allegations are the same allegations brought forth in the past,” DePento said. “She is trying to seek vengeance against a man she once lived with and to imply he is now an animal.”

Gallo was arrested in July and charged with rape, sexual assault, kidnaping and burglary. Bail on the arrest warrant was set at $75,000, but it was raised to $500,000. In a November court hearing, Haden reduced the bail to $75,000, and gave Gallo the option to post 10 percent and be released from the county jail.

It was at that point that Wimler came forward, writing letters to the San Diego police chief and mayor and accusing the judicial system of not protecting her from further danger. At Friday’s hearing, Deputy Dist. Atty. Daniel Lamborn asked that the bail be returned to the highest amount, $500,000. But Haden, after hearing arguments from both sides, decided on $250,000.

‘She is Terrified’

“Because of the emotional state of the victim, there is no doubt she is terrified of this man,” Haden said.

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After the hearing, DePento said it was doubtful he would appeal the ruling to seek lower bail. He said such an effort is time-consuming, noting that the trial is set for Jan. 5.

Wimler said she was satisfied that with the increased bail, Gallo would not be released before trial. “I feel better,” she said. “I feel this has been a victory.”

She and Gallo met in 1985 in his hometown of Phoenix. They began living together in San Diego, but separated last year.

According to Wimler, Gallo repeatedly tried to renew the relationship. When she rebuffed his efforts, he became angry and began following her, harassing her and threatening to harm her, she said.

She obtained several court injunctions to keep him away, but he continued his pursuit, she said.

Told of Abduction

On the night of July 6, Wimler told police, she was abducted from her Bay Park home and taken to a vacant warehouse in Chula Vista. She said she was raped and beaten, and then driven to a local hospital for treatment.

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DePento reminded the judge Friday that Gallo was staying in Phoenix when he learned he had been named in the arrest warrant. The defense lawyer said Gallo was planning to surrender when he was arrested by Phoenix police and returned to San Diego.

“He is not a flight risk,” DePento said, asking that the bail not be increased.

But Lamborn argued that Gallo continued threatening Wimler and her family, even after the alleged sexual attack and upon learning that he was going to be arrested.

“If he had it to do over again, he actually would have killed her,” Lamborn said. “She has no doubt that should he be let out, he would pose a great threat to the community. He has said before how he would have killed her.”

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