Source: CVDaily Feed
LOGAN — A 26-year-old former Logan man cried and blew a kiss to his weeping family, as deputies took him from court to begin serving a six-month jail sentence for sexually assaulting a woman three years ago.
Andrew Gutierrez appeared in 1st District Court Monday afternoon for sentencing after previously pleading no contest in June, to a charge of forcible sex abuse, a second-degree felony.
In November 2012, the victim told police that Gutierrez inappropriately touched her while the two were watching a movie in her apartment. The victim reported falling asleep and later awoke to find the defendant groping her privates and breasts.
The incident reportedly took place in August 2012, while the two were students at Utah State University. The case had been delayed after the defendant moved to Boulder, Colorado to pursue a doctorate degree in sociology.
During sentencing, Gutierrez’s defense attorney said her client continues to claim he was asleep during the alleged groping and only remembers waking up with his hand on the victim’s breast. She said he continues to believe he never intentionally assaulted the victim. She asked the judge to consider house arrest instead of a prison or jail sentence, so he could continue his schooling.
Gutierrez later told the court he was sorry for potentially hurting the victim saying he has had three-years to reflect on who he was as a person. He said, while he knew the assault would always stay with him, he hoped it wouldn’t define him.
Friends, family and school colleagues tearfully told the court they believed Gutierrez’s didn’t intentionally assault the victim and spoke about his character.
The victim later testified how she felt fearful and despair after the incident. She spoke about how she also never questioned Gutierrez’s character but said, that doesn’t mean he didn’t hurt her.
Judge Kevin Allen said the case was one of the most difficult for the court because both the victim and defendant were good people, affected by a colossal mistake. He ordered Gutierrez to serve 180-days in jail and complete sex offender therapy saying, “Some things need to be paid for by punishment.”