Former deputy gets jail for probation violation
A former Moffat County detention officer, who previously had pleaded guilty to having sex with a female inmate while working at the Moffat County Jail, was sentenced to 90 days in county jail, four years of supervised probation and 300 hours of public service for violating terms of his probation in the 2003 case.
District Judge Paul McLimans said Anthony Gutierrez, 25, originally was received probation for a “serious breach of the public trust.”
“It looks to me like it didn’t take you that long to mess up,” McLimans said. “You should know the rules more than other people.”
The former detention officer pleaded guilty last February to the felony charges of sexual conduct in a penal institute.
Another felony charge of tampering with the jail’s video surveillance system was dropped as part of Gutierrez’ plea agreement.
At that time, he was sentenced to a maximum of 60 days in the county jail and probation.
Deputy District Attorney Amy Fitch said Gutierrez failed his probation requirements by not registering as a sex offender and moving several times without reporting it to his probation officer in Grand Junction.
Fitch pushed for the maximum jail time of 90 days in county jail. Gutierrez is scheduled to report to the Routt County Jail within the next two days.
Sheryl Uhlmann, Gutierrez’ attorney, said he should be spared the jail time.
If that was unavoidable, she pressed the judge for a maximum 45 days in a county jail other than Moffat County’s but not too far from home.
“(Jail time) impacts the ability of what he needs to do, like pay child support,” she said. “I don’t think a 90-day sentence is merited. I think he wants to take responsibility in this case.”
Gutierrez also was fined nearly $3,000 and must register as a sex offender.
He is prohibited from making contact with two former female inmates who were involved in the 2003 case.
According to court documents, Gutierrez allowed two female inmates into the master control at the jail where he working. He then engaged in a sex act with one of the inmates while the other inmate stood by.
The inmate who was involved told prosecutors the act was consensual.
Amy Hatten can be reached at 824-7031 or email@example.com.
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