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# Show up late, lose your case
- URL: https://www.smdp.com/show-up-late-lose-your-case/
- Published: 2003-02-17T16:00:00.000Z
- Updated: 2026-10-23T01:36:50.000Z
- Author: Guest Author
- Tags: Crime, Marina del Rey, #archive-import

Brian Giglio wants Los Angeles County Sheriff’s deputies to give him his Glock- 9 semi-automatic hand gun back. But since they won’t do it voluntarily, he has taken them to small claims court.

But when Giglio showed up 45 minutes late to court last week, his case was dismissed. Giglio re-filed the case afterwards, and it will likely have to go through the court system all over again.

Marina Del Rey-based Sheriff’s deputies seized Giglio’s gun when they responded to a call on Oct. 23, 2001, from a neighbor of Giglio’s who overheard him and his fiancé arguing.

When officers arrived, they detained Giglio as he was walking out of his apartment, he said. They searched him and asked if he was armed.

Giglio said he told the deputies he was unarmed, but he had a Glock-9 in the apartment. After searching his home, Giglio said the deputies took the gun and had him evaluated by the department’s psychiatric evaluation team. A Glock-9 is a compact, semi-automatic.9 millimeter hand gun that is often used by military and law enforcement personnel.

Richard Barker, an official representing the L.A. County Sheriff’s Office said Giglio already had unsuccessfully tried to retrieve his gun through a San Fernando court.

At the sheriff’s department’s urging, the judge in that case had Giglio evaluated by a court-appointed psychiatrist who believed the gun should be withheld from Giglio, Barker said. The judge agreed and ruled against him, Barker said.

Barker argued a previous court had ruled on the case and therefore it couldn’t be re-tried in Santa Monica. He said Giglio has filed a tort case in Los Angeles Superior Court for the return of the gun as well.

Small claims commissioner Donna Groman said on Jan. 10 she was inclined to deny Giglio’s claim with prejudice, but she instead scheduled another hearing for this week.

She asked Giglio to return with a legal citation showing her that Santa Monica Small Claims Court has jurisdiction over his case.

*Originally published in the Santa Monica Daily Press print edition on February 17, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/021703.pdf?ref=smdp.com)