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El Paso jail magistrate placed on leave after his New Mexico arrest for gun charges, drunk driving

El Paso jail magistrate Ray Gutierrez has been placed on paid administrative leave by the El Paso Council of Judges, a spokesman said Wednesday, following his weekend arrest in New Mexico for alleged weapons violations and drunk driving.

Gutierrez was released from Santa Fe County Adult Detention Facility on Tuesday evening. He was booked there Saturday night on charges of DWI, felony unlawful carrying of a weapon in a liquor establishment and misdemeanor negligent use of a deadly weapon while intoxicated.

According to court and jail records obtained by ABC-7, his arrest came after his car sideswiped another vehicle as Gutierrez was leaving the Santa Fe Opera’s Wine and Chile Fiesta.

Deputies at the scene said Gutierrez had bloodshot eyes, slurred speech, trouble keeping his balance and smelled of liquor; he would later blow over .08 on two separate breathalyzer tests.

Documents indicate Gutierrez apparently identified himself as a judge and told deputies he was carrying a gun; he also admitted to drinking that night.

The bond amount Gutierrez posted was not immediately clear, but he was issued a summons at the time of his release on Tuesday to appear in court for a preliminary hearing on Oct. 9.

Gutierrez is an appointed judge, but it was not immediately known what further consequences he could face from the Council of Judges if he’s convicted.

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