Man Disagrees Assault Facts Are True – Still Takes Plea Deal

By Aryal Aglugub

MODESTO, CA – This week, in Stanislaus County Superior Court, Miguel Gutierrez accepted a plea offer from Deputy District Attorney Sara Sousa regarding felony changes he’s facing.

Gutierrez agreed to plead no contest to Count 1 where he was charged with assault on a peace officer, and he would receive four years. However, because of a previous strike on his record it would be doubled to eight years.

DDA Sousa then stated the facts which qualified this crime to amount to a felony plea.

“On March 13, 2019, the defendant was handcuffed and kicked in a backward motion striking a parole agent in the left knee. As a result of that strike the parole agent sustained a torn meniscus.”

Judge Dawna Reeves then asked the accused if he agreed with the factual basis for his plea that the Sousa stated.

Gutierrez responded that “it’s not factual but I am just taking the deal, your Honor.”

Judge Reeves then continued to state the consequences of his plea. One of these consequences included the defendant not being able to own any firearms for the rest of his life.

Gutierrez was dissatisfied with this and asked the judge, “How am I supposed to protect my family?”

Judge Reeves restated that because of his felony conviction, these were the consequences that are in place.

Near the end, Judge Reeves verified with the accused this deal was not made out of outside factors, but then the man began to state that the allegations are lies.

Gutierrez stated to Judge Reeves, “I do not understand how you’re gonna let these officers come and lie in front of your face.”

Judge Dawna Reeves reminded the accused that he does not have to accept this deal if he felt that he wanted his case to go to trial. Gutierrez, however, agreed to take the deal.

Despite the accused’s outbursts, he pleaded no contest to the charges against him in the end, and was sentenced eight years in state prison.

About The Author

Aryal is a third year Sociology major at the University of California Santa Barbara. After she gains her B.A., she plans on pursuing law school. Her dream is to become an international lawyer, and specifically work against crimes against humanity.

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