LAS CRUCES, N.M. – Tonight, District Attorney Mark D’Antonio announced that Doña Ana County Treasurer David Gutierrez has been found guilty of public corruption or gross immorality by a public official.
After a two-day trial and a couple hours of deliberation, the 12-person jury found Gutierrez, now 61, guilty of charges of public corruption and gross immorality. As a result, the judge ordered that Gutierrez be removed from office immediately.
D’Antonio applauded the jury’s decision and said, “Mr. Gutierrez abused his power as an elected official and was held accountable by my office and a jury of his peers. Our willingness to prosecute and tonight’s verdict sends a message that this kind of behavior will not be tolerated.”
At trial, prosecutors with the 3rd Judicial District Attorney’s Office presented evidence that Gutierrez had offered a woman working in his office $2,000 to have sex with him. The incident took place in August 2014 during a business trip to the post office.
Originally, Gutierrez was facing criminal charges and removal. However, earlier this month, the cases’ presiding judge dismissed the criminal case against him – a decision the district attorney’s office plans to appeal.
This case was prosecuted by Daniel Sewell, a deputy district attorney and Heather Chavez, a senior trial attorney with the 3rd Judicial District Attorney’s Office.
Information from 3rd Judicial District Attorney’s Office.