O’Brien & Eggleston PLLC

09/03/2026

This one might be the best one we’ve done yet

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09/02/2026

The trial is over. The case is not.

Kevin O’Brien recently joined Larry Sharpe to discuss the Demetrio Daga case, what happened at trial, and why the defense believes there are significant constitutional and appellate issues that remain to be addressed.

The jury returned its verdict, and we respect the jury’s role in our system.

But a verdict does not end the conversation about how a prosecution was built, whether constitutional protections were honored, or whether the punishment being sought actually fits the conduct.

Demetrio had no criminal history. He did not sell fi****ms or drugs. He threatened no one. He used no fi***rm against another person. No one was harmed.

At trial, serious questions were raised concerning the extensive surveillance of Demetrio and his family, the use of Flock cameras, representations made by investigators during the warrant process, and the methods ultimately used to obtain evidence against him.

Those issues matter regardless of how anyone feels about fi****ms or New York’s gun laws.

And so does proportionality.

A justice system should be able to distinguish between dangerous, violent conduct and technical violations committed by a nonviolent person who harmed no one.

We believe the potential punishment in this case is profoundly disproportionate, and we believe there are substantial issues that should be reviewed on appeal.

This interview goes into the case, the trial, and where the fight goes from here.

📺 Watch the full conversation with Larry Sharpe:
https://www.youtube.com/live/n8oFl9t_BX8?si=uo9_GtAxY5RkH2q7

If you believe due process, constitutional protections, government accountability, and proportional justice matter, we encourage you to watch and share this conversation.

The trial may be over. Our advocacy for our client is not.

08/28/2026

This case isn’t over. Not even close.

The trial did not end the way we hoped it would. We respect the jury and the process, but we do not believe the result represents justice—and we are not done fighting.

We believe there are significant constitutional and legal issues in this case and very strong issues for appeal. We also continue to believe that the punishment being sought for a nonviolent man with no criminal history, who harmed no one, is completely disproportionate to what actually happened.

And some of the biggest questions remain the same:

How did the government get here? How far should law enforcement be permitted to go when investigating a citizen? And does the punishment remotely fit the conduct?

On Tuesday at 7:00 PM, I’ll be discussing the case, the trial, what happened, and where we go from here with Larry Sharpe, Libertarian candidate for Governor of New York.

If you’ve been following this case—or if you care about due process, constitutional rights, government overreach, or proportional justice—I hope you’ll tune in.

We may have lost a battle. The fight is not over.

📺 Watch live Tuesday at 7 PM:
https://www.youtube.com/watch?v=n8oFl9t_BX8

Please share this with anyone who has been following the case or wants to learn more.

08/08/2026

Another opportunity to hear the full story.

We recently appeared on another podcast to discuss this case in greater depth.

Our client is a gun hobbyist with no criminal history. He was federally compliant. He has never sold guns or drugs, never threatened anyone, and never used a fi***rm against anyone. No one was harmed.

He may ultimately be found to have violated New York’s complex and constantly changing fi****ms laws. But that does not answer two important questions:

Was the way he was targeted and investigated lawful? And does the punishment fit the conduct?

We believe there are serious constitutional issues with how this case was built, and that a lengthy prison sentence for a non-violent person with no criminal history would be grossly disproportionate.

You don’t have to agree with us about gun laws to care about due process, constitutional protections, and proportional justice.

🎙️ Watch the full interview here:
https://youtu.be/Ii1wqF20_wE?si=zF4JLwzfdu29Uya4

If you think this story deserves to be heard, please watch and share it.

08/04/2026

How should justice be measured?

This past Sunday, my client and I appeared on Armed American Radio to discuss a case that raises a question every American should consider:

Does the punishment fit the conduct?

My client has no criminal history. He has never been accused of selling drugs or fi****ms, and there is no allegation that he ever threatened anyone or unlawfully used a fi***rm against another person.

Yet he is facing the possibility of a lengthy prison sentence.

Reasonable people can disagree about the law. They can disagree about whether my client should have been charged at all. But I hope we can all agree on one principle: justice requires punishment to be proportionate to the conduct at issue.

This case is about more than one individual. It raises an important question for every citizen: What message do we send when a person with no criminal history faces years in prison for conduct that involved no violence, no allegation of trafficking, and no unlawful use of a fi***rm against another person?

The answer to that question has consequences far beyond this case. It shapes how people view fairness, proportionality, and the role of our criminal justice system.

Whether you ultimately agree with our position or not, I invite you to hear the full story before reaching a conclusion.

Please listen to our interview on Armed American Radio. If you believe this conversation deserves a broader audience, please share the episode with your friends, family, and anyone interested in the fair administration of justice.

Thank you for taking the time to listen.

🎙️ Full episode: https://open.spotify.com/episode/5YjcqcxUZBlsAOTkHurBR0?si=bPNWz5iWQHinbzr9vvPeRw&utm_source=copy-link