Richard A. Gutierrez appeared in Cortland County Court on Tuesday. He is being accused of punching a woman twice in the face last year on New Year's Day. (Photo Source: Kevin L. Smith of The Cortland Voice).
A city of Cortland man was set to enter a plea deal for his third-degree assault charge, but backed out at the last minute at Cortland County Court on Tuesday.
Richard A. Gutierrez is being accused of punching a woman twice in the face back last year on New Year’s Day. Gutierrez’s alleged assault resulted in the woman breaking her glasses, along with swelling, blood and “a lot of pain” on the right side of her face, according to court documents.
Court docs noted the altercation began when Gutierrez allegedly said to the woman “you and me are gonna have sex,” to which the woman declined. Prior to the incident, court docs stated Gutierrez and the woman were friends for five years.
The woman allegedly attempted to call the police, but Gutierrez took the phone and threw it to avoid her from calling authorities, court docs noted. Gutierrez then allegedly proceeded to twist the woman’s forearm and threw her out of his apartment and into the hallway.
With the possible plea of third-degree assault in place on Tuesday in county court, Gutierrez ultimately did not want to agree to the deal.
At the time of Gutierrez’s arrest, he was charged with second-degree assault to injure a victim 65 years-or-older (a felony), fourth-degree criminal mischief (a misdemeanor), and criminal mischief with the intent to damage property (also a misdemeanor).
County judge David Alexander asked Gutierrez if he understood what was occurring. Gutierrez responded by saying he knew to a certain degree, but made it clear he was not prepared to enter a plea.
“I’m not sure my client is willing to allocate to the reduced offense,” said Zela Brotherton, Gutierrez’s defense attorney. “It’s certainly what is bothering him right now. It’s not a question of mental health, and not a question of confusion or misunderstanding. I think he cannot simply enter admission (of the plea deal).”
Alexander asked Gutierrez if he’s scared. Gutierrez replied, “I’m not guilty. I didn’t do it.”
Alexander proceeded to adjourn Tuesday’s court session and scheduled the next appearance for 11 a.m. April 25.
Before court was adjourned, chief assistant district attorney Christopher Simser recommended moving the case to a trial. Further details on the next steps of the case remain to be seen.
