43
Man receives two year sentence in beating case
By Joe Gorman
YOUNGSTOWN
Marcus Gutierrez almost talked himself into a longer prison term at his sentencing hearing in Mahoning County Common Pleas Court.
Speaking to Judge Shirley Christian, who was about to sentence him on a felonious-assault charge, Gutierrez, 37, of Rogers, was talking about the man he pleaded guilty to beating June 30, saying the man was drunk and already had blood on him when he confronted the victim.
Judge Christian said Thursday she did not appreciate the fact that Gutierrez appeared to be blaming the victim rather than admitting responsibility for the injuries he inflicted on the man.
Judge Christian said if he kept talking, he was in danger of being sentenced to more than two years, which was agreed upon between defense attorney Terry Grenga and prosecutors.
“If you are truly remorseful, it doesn’t matter if he hit you first,” Judge Christian said. “The only thing that matters when I’m sentencing you is you caused serious physical harm to another human being.”
Gutierrez was charged with beating a 54-year-old man June 30 who was found by city police on a sidewalk in the 1300 block of Market Street.
Assistant Prosecutor Kevin Trapp, filling in for colleague Nick Brevetta, who negotiated the plea deal, said the victim suffered severe injuries and was hospitalized for several weeks. Trapp said if the case had gone to trial, the victim’s injuries may have kept him from testifying.
Grenga said the man was beaten after he tried to get inside a house Gutierrez was staying in. She said Gutierrez, the victim and the witnesses were all drunk at the time.
Gutierrez did say he was sorry. He said he spends most of his time in the county jail, where he has been since he was arrested, reflecting on what he did and asking for forgiveness.
“I stay in there [a cell] depressed and I cry about it,” Gutierrez said. Gutierrez said he wanted to write a letter to the victim apologizing. The victim was not in court.
Judge Christian did uphold the plea agreement for Gutierrez after he stopped talking. He was given credit for 128 days he has served in the county jail.