Appeals court upholds Gailey conviction

Denis Gailey will remain in prison.

The Iowa Court of Appeals upheld the conviction against Gailey on Friday for two counts of first-degree kidnapping, first-degree burglary and second-degree arson.

The 43-year-old Moorland resident was sentenced to life in prison for both kidnapping counts, 15 years for arson and 25 years for burglary on April 4, 2008.

Gailey abducted his wife, Dawn Gailey, and their child at gunpoint on April 25, 2007.

Dawn Gailey had just picked up her young daughter from school when Denis Gailey forced his way into her minivan and demanded that she drive to his father's farm. Gailey threatened to kill her, their child and himself.

An investigation into the incident revealed that Denis Gailey had doused his Moorland home with diesel fuel prior to the kidnapping.

Prosecutors said an investigation into the sexual abuse of a child prompted Gailey to panic and set into motion the kidnapping, which ended after a high-speed chase with law enforcement east of Fort Dodge.

After being found guilty of the charges in April 2008, Gailey also entered a guilty plea to two counts of third-degree sexual abuse, possession of a firearm as a felon and felony eluding.

Gailey was sentenced to 15 years on each of the sexual abuse charges. He was also sentenced to 15 years for having the gun and running from law enforcement. He has not appealed those convictions.

Dawn Gailey said during Denis Gailey's original sentencing that she grew increasingly afraid of Denis Gailey's angry outbursts, yelling and hitting. She received a letter from the sexual assault victim saying the victim had been abused by Denis Gailey since the age of 8 and it was then that she decided to take her children and leave, she said.

A few days later her husband hunted her down.

''I'll never forget the look in your eyes that day, April 25, 2007, when you approached me in the car with the gun,'' Dawn Gailey said during his sentencing in April 2008. ''I kept thinking this couldn't be happening.''

In addition to fear felt during the kidnapping and chase, she said the ordeal gave her daughter nightmares and caused the little girl to suffer a nervous tick for months afterward.

''If you ever get out,'' Dawn Gailey said to her husband, ''I fear you will come and finish what you intended to do. ... I pray for the day when I won't have to look over my shoulder.''

Before sentence was passed, Gailey was given a chance to make a statement at his sentencing in April 2008.

''I've made many mistakes in my life that I regret,'' he said. ''Especially when it comes to my family. ... I miss my wife and children. I love them and I always will.''

All of Denis Gailey's sentences were ordered to be served consecutively, or one after the other.

Denis Gailey's father, John Gailey Sr., 73, was convicted of aiding and abetting the violation of a no contact order between his son and Dawn Gailey on Dec. 4. He delivered letters written by Denis Gailey after the kidnapping. He was sentenced to two days in jail in February 2008.

Contact Katie Williams at (515) 573-2141 or katie@messengernews.net