Shooter to be arraigned

By Philip Stake
Staff writer

GALLUP — A man accused of firing at least three rounds at a car carrying two adults and four children between ages 4 and 8 on July 14 near Eighth Street and Aztec Avenue will be arraigned in district court later this month on felony charges including attempted first-degree murder.

Jessie Gutierrez, 20, appeared before Judge John J. Carey in Magistrate Court last Thursday for a preliminary hearing. The intent of a preliminary hearing is to determine whether or not there is probable cause or reasonable grounds to believe the accused committed felony-level crimes.

Assistant District Attorney James Bierly argued that Gutierrez should be charged with two counts of aggravated battery with a deadly weapon — third-degree felonies carrying a maximum sentence of three years each — four counts of child abuse, which are also third-degree felonies, and one count of attempted first-degree murder, a second-degree felony carrying a maximum sentence of nine years; each charge includes a firearm enhancement, which adds a mandatory one-year sentence.

After hearing testimony, Carey lessened both battery charges to aggravated assault with a deadly weapon, which is a fourth-degree felony carrying a maximum sentence of one and a half years.

If convicted on all charges, Gutierrez could go to prison for 31 years.

Defense Attorney Steve Seeger put Gutierrez’s brother on the stand, who testified under oath that Gutierrez doesn’t own or use guns. The 9mm used to pock the plaintiffs car on July 14 has not been recovered, adding weight to the burden of proof carried by the prosecution.