A federal prosecutor who could become a magistrate judge is off a case after accusations he hit on the defendant during a chance meeting in a Fresno bar.

However, a federal judge ruled that the actions of Michael Tierney did not amount to a violation of rights, and denied dismissing the case against Shana Gaviola, formerly of Clovis.

Gaviola and Julio Sandoval, dean of the Agape Boarding School in Stockton, Missouri, allegedly conspired to take Gaviola’s son, Blake McGee, against his will.

McGee had a restraining order against his mother and filed to be an emancipated minor. Federal prosecutors allege that Gaviola and Sandoval arranged to have McGee transported to the Missouri school — about 1,750 miles away — while handcuffed. The school released Gaviola’s son into his father’s custody eight days later.

Arrested in 2022, Gaviola and Sandoval are charged with violating the protective order. If convicted, they could face up to five years in prison each.

Court records show Tierney was removed from the case Sept. 28. During a court hearing, Tierney said he recused himself, but would still conduct witness interviews.

In her Oct. 8 ruling, Fresno-based federal judge Jennifer Thurston — a Biden appointee — revealed that Tierney is in consideration to become a magistrate judge, pending a background investigation. A magistrate judge has many of the same powers as a U.S. Senate-confirmed federal judge.

Messages to the Department of Justice were not returned. An automatic reply email from Tierney said he is out of the office and not checking emails nor voice messages.

Gaviola: Prosecutor ‘Hitting’ on Me at Bar

According to court documents and testimony at the hearing, Gaviola and Tierney had a chance meeting at The Modernist bar in downtown Fresno on May 25, 2023.

Tierney approached Gaviola, and when he realized who she was, said they could talk, but not about the case.

Gaviola testified that they had a conversation, but believed Tierney was “hitting” on her, making her feel uncomfortable. Tierney told her he would “seek the least amount of jail time,” if he won the case.

She also said Tierney “suggested that after the trial, that ‘maybe we can go get a drink’ or she could ‘take (Tierney) for a drink.’ ”

Tierney then called the FBI agent in charge, Alexia Crow. Gaviola said Tierney then handed her the phone to have a brief chat with Crow.

Text messages between Tierney and Crow after the incident showed that both were shocked by what happened. Tierney even joked about the situation.

“She’s into girls and likes you. This whole get-together after she gets out of prison is starting to really sound interesting,” Tierney texted.

Judge: No Rights Violated

Because Tierney reported the interaction immediately to Gaviola’s attorney, all parties were aware of the situation, Thurston wrote denying the dismissal.

“There is no showing that the events of May 25, 2023, could bear on the credibility of any government witnesses,” Thurston wrote.

Thurston criticized Tierney.

“The court does not condone what occurred on May 25, 2023. For whatever reason, Mr. Tierney lost his way and again and again during the evening of May 25, 2023, compounded his error until his behavior became nearly incomprehensible,” Thurston wrote. “The conduct strikes the very core of this court’s integrity.”

Thurston found a compromise — moving the case to the San Francisco-based federal court district.

A trial date scheduled for Oct. 7 — which has been delayed several times — was vacated, with no new date set.

In a separate ruling, the judge denied a defense motion to recuse herself.