District Attorney Mark D’Antonio has announced that a grand jury has indicted Doña Ana County Treasurer David Gutierrez on charges related to public corruption.
Meanwhile, in a second case, the same grand jury formally accused Gutierrez of corruption in office or gross immorality by a public official. As a result, a jury trial will be held in district court to determine if the defendant should be removed from office.
The charges stem from accusations that Gutierrez offered a woman working in his office $2,000 to have sex with him. The incident allegedly took place in 2014. However, charges were not filed until after county officials formally requested that the district attorney’s office investigate.
In addition to the removal case, Gutierrez was indicted for using public office to obtain personal benefit, or, in the alternative, failure of a public official to conduct one’s self in a manner that justifies public confidence, or, in the alternative, failure of a public official to disclose conflict of interest, all fourth-degree felonies.
If convicted as charged in the criminal case, he could face up to 18 months in prison. If he’s found guilty in the removal case, Gutierrez would be immediately removed from office.