SAN FRANCISCO—On April 25, the San Francisco District Attorney’s Office disclosed Jose Gutierrez, 41, was convicted after a trial by jury for attacking the owner of a vehicle he had tampered with. He was convicted of assault with a deadly weapon (PC 245(a)(1)) and tampering with a motor vehicle (VC 10852).
According to testimony and other evidence presented at trial, on March 7, at about 9:30 p.m., the victim left his SOMA home and walked toward his vehicle, intending to drive to Safeway before it closed. As he approached, he noticed Gutierrez in his car. The victim told Gutierrez to leave and tried to pull him out of his vehicle. The defendant kicked the victim and struck him in the face with a three-foot long metal pipe. Witnesses called police who promptly arrived, questioned both men and ultimately arrested Gutierrez.
The case against the defendant was successfully prosecuted by Assistant District Attorney Kirk Earl, with assistance from paralegals Joshua Nickchen and Andres Hernandez-Ruano, and IT support from Noaeh Pinaire. Prosecutors were able to develop a strong case against Mr. Gutierrez based on the careful investigation of the San Francisco Police Department’s Southern Station.
“I would like to thank the jury for thoughtfully considering the law of self-defense in coming to this verdict,” said Assistant District Attorney Kirk Earl. “This verdict shows that victims of unprovoked, violent crime will be treated seriously and believed in San Francisco.”
Gutierrez is currently in custody. He faces up to 18 months in county jail for his crimes. His sentencing is scheduled for May 15, 2024.
