DA files charges against Doña Ana County Treasurer

District Attorney Mark D’Antonio announced Tuesday that his office has filed charges against Doña Ana County Treasurer David Gutierrez.

The charges were filed after county commissioners asked the district attorney to investigate Gutierrez after Gutierrez offered a woman working in his office $2,000 to have sex with him. D’Antonio said, “After a thorough investigation, I decided there is enough evidence to present this case to a grand jury.”

Gutierrez is charged with 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.

D’Antonio added that his office is continuing to investigate civil proceedings that would remove Gutierrez from office. Under New Mexico law, the district attorney is authorized to investigate and bring civil action to remove a county official accused of unethical conduct.

The charges come on top of another lawsuit filed recently against Gutierrez.

Last Friday, Former Deputy Treasurer Rene Barba filed a lawsuit against his former boss. This is the third time County Treasurer is being sued. Gutierrez settled his most recent sexual harassment lawsuit for $68,000, after offering an employee for sex.

“This is my third lawsuit against treasurer Gutierrez and I never would have guessed I would have not one, but three lawsuits”, said Joleen Youngers, Barba’s attorney.

Barba is suing Gutierrez for retaliatory acts in a county office work space, after allegedly being forced to resign. His attorney says for two reasons: reporting the sexual misconduct of Gutierrez when he attempted to solicit sex for money, and refusing to hire Gutierrez as his chief deputy treasurer if Barba was elected as county treasurer – a position he was planning on running for.

County employees from the Doña Ana County Government Center told ABC-7 there is a zero tolerance for workplace retaliation.

Youngers said, “Here we have an elected official who thinks he can act without impunity – and continued to behave as he sees fit.” Barba is hoping this lawsuit will compensate him for the loss of his position and other harms he suffered.

ABC-7 reached out to Gutierrez, but he refused to speak on the issue.