Gutierrez pleads guilty to 6 counts, takes deal

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Anthony Gutierrez

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Former Ohio Attorney General Marc Dann

The sentence will be 45 days in jail in 15-day increments, defendant’s counsel said.

COLUMBUS — Anthony Gutierrez pleaded guilty Monday to six criminal counts as part of a plea deal in the scandal that led to the resignation of former state Attorney General Marc Dann.

Gutierrez, hand-picked by Dann to serve as general-services director, admitted to using state property and employees to operate his private construction company, improperly receiving money from Dann’s campaign account and filing inaccurate information on state disclosure and Bureau of Workers’ Compensation filings.

The charges carry a prison sentence of up to four years and fines up to $9,000. But Gutierrez likely will face a lesser penalty: Prosecutors and his legal counsel, as part of the plea agreement, have recommended 45 days in jail, served in 15-day increments. He also will have to pay restitution to the state Bureau of Workers’ Compensation, likely totaling about $6,700.

Sentencing is scheduled for Oct. 14.

Asked why the jail time should be served in 15-day increments, Karl Schneider, Gutierrez’s legal counsel, said the setup would allow Gutierrez to continue working at his private construction business.

“He’s got to provide for his family,” Schneider said. “He’s got construction jobs and things he’s got to do, and, frankly, he can keep dinner on the table.”

Gutierrez was set to go to trial Monday morning. But, before the 40 potential jurors were brought into the courtroom for questioning, legal counsel for both sides met to negotiate the final plea deal.

“He was fully prepared to defend himself at trial today and seek an exoneration,” Schneider said. “He had factual defenses. But under the circumstances, looking at the consequences, the resolution that was negotiated with the state, [he] thought it was in his best interest to accept the resolution.”

Dann resigned a year ago after a scandal that was prompted by allegations by two office employees of sexual harassment against Gutierrez. An internal investigation substantiated the complaints and prompted the firing of Gutierrez and Leo Jennings, the forced resignation of a third and a legislated investigation by the state’s inspector general.

A report by the latter, released in late December, alleged cronyism and hiring missteps, sexual harassment and other improper activities and wrongdoing under Dann’s leadership. It also raised questions about Dann’s use of campaign finances.

Dann admitted he had an affair with an underling, but he has vehemently denied criminal wrongdoing. He was fined by the Ohio Elections Commission earlier this year for using campaign funds to install a security system and for family travel but avoided a criminal referral in the matter.

Gutierrez was indicted in May on 10 criminal counts that carried potential penalties of eight years in prison and $20,000 in fines. As part of the plea agreement, Gutierrez agreed to cooperate in future cases, including any pursued by prosecutors in Mahoning or Trumbull counties.

“Today, we now have available to us as testimony any information, statements, that Mr. Gutierrez has previously given and we expect as part of this to have him give additional statements,” said Franklin County Prosecutor Ron O’Brien. “Most important to us, as well, as part of this plea today, was his agreement to cooperate in the future in any grand jury hearings that we may ask him to testify at or any subsequent trials.”

O’Brien declined comment on whether criminal charges would be pursued against Dann.

“Whatever information Mr. Gutierrez has that’s available to the ethics commission or the state will be studied and reviewed to make that determination.”