Trial to remove embattled Doa Ana County Treasurer underway

The trial to remove embattled Doña Ana County Treasurer David Gutierrez from office is underway after a jury was selected Tuesday morning.

In March, a grand jury formally accused Gutierrez of “Corruption in Office or Gross Immorality by a Public Official.”

If found guilty, Gutierrez would be immediately removed from office, even though his term is over on December 31.

Eric Rodriguez, who served as Gutierrez’s chief deputy treasurer, will take over after winning the November 8th election.

The same grand jury indicted Gutierrez on several criminal charges, but Judge Angie Schneider dismissed those charges a few weeks ago.

Gutierrez’s Defense Attorney Joe Coronado told ABC-7 Schneider ruled the statute under which Gutierrez was being prosecuted did not entail criminal matters, but ethical ones.

“We respectfully disagree with the judge’s decision and plan on filing an appeal. However, this doesn’t affect the removal case which is scheduled to go to trial later this month,” Patrick Hayes, a spokesman with the DA’s office, said.

The charges stem from accusations Gutierrez offered a woman working in his office $1,000 to have sex with him.

The incident allegedly took place in 2014 after the employee came up short in her cash drawer. Charges were not filed until after county officials formally requested the district attorney’s office investigate after Gutierrez refused to resign.

The county later gave that employee $68,000 in a settlement.

The victim, Olivia Nunez, testified in court Tuesday. She wiped away tears on the witness stand as she recalled Gutierrez offering her money for a few hours in a hotel room.

“He asked me if I had money problems, I told him no,” Nunez said. “He told me he really liked me, if I would spend a couple hours in a hotel with him and I told him no I wasn’t a prostitute, that if i needed money I will get a second or third job that I wasn’t the type of person to do those things.”

Gutierrez appeared very nervous, shaking his legs and tapping his feet as Nunez spoke.

She also told the court her boss would consistently make inappropriate comments about her clothes and appearance. She said Gutierrez told her he dreamt about her and wanted her to wear a bikini on a company trip.

An investigator and former supervisor also took the stand Tuesday.

Trial will resume at 9 a.m. Wednesday.