Farmington man accused of raping woman following party at Lee Acres residence

the defendant's preliminary hearing is set for the morning of April 29

Joshua Kellogg
Farmington Daily Times
  • Francisco Gutierrez is accused of second-degree felonies counts of aggravated burglary and criminal sexual penetration.
  • Tyson Quail, Gutierrez’s attorney, did not respond to requests for comment.
  • The defendant was booked around 7 a.m. on April 18 into the San Juan County Adult Detention Center and released on the night of April 19.

FARMINGTON — A Farmington man is accused of sexually assaulting a woman after she went to bed following a barbecue.

Francisco Gutierrez, 20, is accused of second-degree felony counts of aggravated burglary (commits battery) and criminal sexual penetration (results in personal injury), according to the criminal complaint.

Gutierrez is accused of making unauthorized entry into a bedroom and raping a woman during the early morning hours of April 18 at a residence in the Lee Acres area, according to court documents.

More:Two Aztec residents accused of staging burglary, falsifying $85,000 insurance claim

Tyson Quail, Gutierrez’s attorney, did not respond to requests for comment.

The San Juan County Sheriff’s Office was dispatched around 3 a.m. on April 18 to a residence on County Road 5507 on reports of a sexual assault.

Gutierrez was detained at the scene due to an arrest warrant in a separate vehicle burglary case.

The woman who accused Gutierrez of rape was interviewed at San Juan Regional Medical Center. According to a court document, she said she recently met Gutierrez and invited him to a barbecue. People at the barbecue, including the woman, were consuming alcohol.

She told law enforcement she had too much to drink and went to sleep in a bedroom at the residence.

The woman told the detective she woke up to find Gutierrez was touching her, but she said she told him to stop. Gutierrez is then accused of raping the woman. She said she told him two more times to stop, according to court documents.

The woman was able to get help from friends at the residence after the alleged incident.

More:Woman allegedly smoked meth, stole truck, backed into a police vehicle

Francisco Gutierrez

Three witnesses in the residence corroborated the woman’s story, according to court documents.

A male witness kept Gutierrez at the residence as the defendant tried to get a ride away from the scene, the document stated.

A female witness told law enforcement Gutierrez was allowed to sleep on the couch following the barbecue, a document stated. She did not say the defendant had permission to enter the bedroom where the woman had been sleeping.

Gutierrez was interviewed at the scene and he claimed the incident was consensual, along with saying the woman did not try to stop him, a document stated.

More:Man accused of shooting at occupied vehicle behind Bloomfield grocery store

A nurse told law enforcement the woman suffered injuries that were discovered during a sexual assault exam.

The defendant was booked around 7 a.m. on April 18 into the San Juan County Adult Detention Center and released on the night of April 19.

Gutierrez’s preliminary hearing is set for the morning of April 29 in Aztec Magistrate Court.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

Support local journalism with a digital subscription: http://bit.ly/2I6TU0e