Demetrio Daga's Sentencing Delayed by Judge

Oct 27, 2026 4:30 PM
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Demetrio Daga's Sentencing Delayed by Judge
AP Photo/Jae C. Hong, File

Demetrio Daga isn't a hardened felon who was providing guns to criminals for a profit. He's just a guy who believes in the Second Amendment and thinks guns are pretty cool. In fairness, he's right. They are. Unfortunately, he was convicted of making them.

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Yes, this is bad.

In fact, it's bad to the tune of a possible 40 years in prison despite no evidence of him having ever sold anything.

And now, his sentencing has been delayed.


“I should be on my way to court right now to be sentenced,” Demetrio Daga said Monday morning.

In September, Daga was convicted after a seven-day trial of violating 15 New York State criminal charges. However, County Court Judge Andra Ackerman, who oversaw Daga’s trial, delayed his sentencing until Nov. 30. The judge did not say why the delay was needed.

Daga, his attorney and even his father-in-law strongly suspect why the judge did not want to sentence the 44-year-old, married, father of two this week.

She’s awaiting a new pre-sentence investigation report, known as a PSI.

Even though Daga is technically facing decades behind bars, the last PSI, which was prepared by the Albany County Probation Department, recommended that he receive no jail time, only probation.

Judge Ackerman—who has already admitted she may not follow her own probation department’s recommendations—hopes a new PSI will recommend that Daga serve time behind bars, Daga and his team firmly believe.

“I think you could certainly read into that—why the judge claims she wants to see an updated PSI,” said Daga’s trial attorney Kevin O’Brien. “I know it’s legally unnecessary, and it seems strange to me. The original PSI was done over the summer. There wouldn’t be much to update, technically speaking. She’s entitled to that, so that’s what she did.”

What frustrates Daga and his legal team is the judge’s timing.

“The even more bothersome part is that if she wanted this done, we’re unsure of why it wasn’t ordered right away,” O’Brien said. “Obviously, this is delaying him and his ability to appeal the sentence. It’s frustrating for sure. I don’t know that it’s calculated, but it certainly feels that way.”

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And, to be fair, it might just be.

Previously, Cam wrote about just how the police focused in on Daga in the first place, and that's downright terrifying. Basically, they looked at a purchase history that wasn't controlled, meaning they developed some argument that looked like probable cause to see what Daga was buying on eBay and the like, then cracked down on him, probably because he's vocal regarding gun rights.

Look, I call them as I see them, and I won't say I get everything right. When Daga was arrested, I made a thing about him treating the gun control laws there as a joke, and he kind of did. That didn't mean the laws were constitutional, though.

Now, he's looking at 40 years in prison, and Dexter Thomas is serving 10 right now. Keep in mind that while homicide carries a minimum sentence greater than Thomas's, first-degree manslaughter — which is an intentional act and is really murder in the mind of most people — has seen people get away with less time in the state of New York.

And Daga is looking at as long as 40 years, though I suspect his sentence will ultimately be less than the maximum.

Then again, if the delays are intentional, it might well turn out to be the max, especially when law enforcement did what undeniably smells like shady crap in order to investigate Daga.

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Look, folks, we need to understand something. If you're loud and proud about the Second Amendment, you also need to be careful that you're squeaky clean with what you own and what you do. No, it shouldn't matter, but unless you're interested in becoming a test case for a particular law,

If so, go with God, my friend. I'll pray for you and pray that you're successful. If not, well...I hate it.

Editor’s Note: The radical Left will stop at nothing to enact their extreme gun control agenda and strip us of our Second Amendment rights.

Help us continue to report on and expose the Democrats’ gun-grabbing schemes. Join Bearing Arms VIP and use promo code FIGHT to receive 60% off your membership.

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