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Date: 10-18-2020

Case Style:

United States of America v. Joshua Gutierrez

Case Number: 1:20-cr-01867-MV

Judge: Martha Vazquez

Court: United States District Court for the District of New Mexico (Bernalillo County)

Plaintiff's Attorney: United States District Attorney’s Office, Albuquerque, New Mexico

Defendant's Attorney:


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Description: Albuquerque, New Mexico manslaughter criminal defense lawyer reported defendant charged with voluntary manslaughter and discharging a firearm during and in relation to a crime of violence in Indian Country.

According to Joshua Gutierrez' admission in the plea agreement, on March 29, while visiting the home of his girlfriend and her father, Gutierrez was awakened by an argument. He armed himself with a handgun, walked toward the room where the argument was taking place, and passed one of the men involved in the argument. When, according to Gutierrez, the man swung at him, Gutierrez shot the man in the chest, killing him. Gutierrez then pointed the gun at two other people and threatened to shoot them if they did not leave. The incident took place on the Navajo Nation.

Gutierrez, age 22, is currently in custody pending sentencing. He faces 12 years in prison under the terms of the plea agreement.

The Albuquerque office of the FBI investigated this case with assistance from Navajo Nation police and the Navajo Nation Criminal Investigations unit. Assistant U.S. Attorney Allison Jaros is prosecuting the case.

18:1153 and 1112: Voluntary Manslaughter
(1)
18:924(c)(1)(A)(iii): Using and Carrying a Firearm During and in Relation to a Crime of Violence, and Possessing a Firearm in Furtherance of Such Crime; Discharging Said Firearm
(2)

Outcome: 10/15/2020 Judge update in case as to Joshua Gutierrez. District Judge Martha Vazquez added. (cl) (Entered: 10/15/2020)
10/15/2020 22 INFORMATION as to Joshua Gutierrez (1) count(s) 1, 2. (gr) (Entered: 10/15/2020)
10/15/2020 23 CONSENT TO PLEA BEFORE US MAGISTRATE JUDGE by Joshua Gutierrez. (gr) (Entered: 10/15/2020)
10/15/2020 24 WAIVER OF INDICTMENT by Joshua Gutierrez. (gr) (Entered: 10/15/2020)
10/15/2020 25 PLEA AGREEMENT as to Joshua Gutierrez. (gr) (Entered: 10/15/2020)
10/15/2020 26 WAIVER of Personal Presence at Hearing by Joshua Gutierrez. (gr) (Entered: 10/15/2020)
10/15/2020 27 Clerk's Minutes for proceedings held before Magistrate Judge B. Paul Briones: Plea Hearing held on 10/15/2020, Guilty Plea entered by Joshua Gutierrez (1) Guilty Count 1,2. (Recording Info: ABQ-ZOOM @ 11:17 AM) (cl) (Entered: 10/15/2020)

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