Wednesday, November 26, 2008

Guadalupe Gutierrez-Juarez - "impulsive, manipulative opportunist"

"This is a life sentence you've imposed on a little girl," said Moss. "You've robbed her of her childhood ... and I think the sentence is appropriate."


The man accused of raping and impregnating a 10-year-old girl was sentenced Tuesday, in a case that Judge Brent Moss called "one of the most disturbing of my career."

Guadalupe Gutierrez-Juarez, 38, was sentenced to a minimum of five years to life at the Idaho State Penitentiary. Gutierrez-Juarez had previously pleaded guilty to two charges of rape at a hearing on Oct. 14.

The majority of Tuesday's sentencing focused on the results of Gutierrez-Juarez's psycho-sexual evaluation. While not classified as a "sexual predator," the evaluation does show Gutierrez-Juarez to be an "impulsive, manipulative opportunist." The evaluation also indicates that this may not have been Gutierrez-Juarez's first sexual offense.

"He has no concept of the long-term impact of his behavior," said Penelope North-Shaul, one of the Fremont County prosecutors. "According to the psycho-sexual evaluation, Mr. Gutierrez-Juarez shows no remorse ... He belongs in prison."

Guadalupe Gutierrez-Juarez told the judge that he was "very remorseful."

"I swear I will never do this again," said Gutierrez-Juarez.

Defense Attorney Paul Butikofer said that while Gutierrez-Juanez does warrant legal punishment, he has already been severely punished.

"Mr. Gutierrez-Juarez has already spent the last seven months in jail," Butikofer said. "He will be subject to deportation. He has lost his job, his girlfriend and his children."

But despite this defense, Judge Brent Moss delivered his verdict without hesitation.

"This is a life sentence you've imposed on a little girl," said Moss. "You've robbed her of her childhood ... and I think the sentence is appropriate."

Gutierrez-Juarez was initially arrested on April 28 and charged with rape after St. Anthony police were contacted by medical authorities and notified that the 10-year-old daughter of Isabel Chasarez was pregnant. Gutierrez-Juarez and Chasarez had been living together in St. Anthony.

Chasarez has already been sentenced to one to 10 years in prison for failing to provide prenatal care for her 10-year-old daughter.

Both the 10-year-old victim and her baby have been taken into protective custody by the Idaho Health and Welfare Department.

Guadalupe Gutierrez-Juarez has 42 days to file a court appeal.

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