YOUNGSTOWN. Ohio (WKBN) — A Rush Boulevard man who pleaded guilty to beating two relatives, including a then 96-year-old woman with a handgun, will spend at least five years in prison.
Raymond Gutierrez, 54, was sentenced Thursday in Mahoning County Common Pleas Court by Judge Anthony Donofrio to four to six years in prison after he pleaded guilty to charges of felonious assault and improper discharge of a firearm at or into a habitation.
The charges stem from an incident in July where police were called to Rush Boulevard after a male relative of Gutierrez was on a neighbor’s porch with injuries.
Later, police discovered the 96-year-old woman in the home had been beaten in the face with a gun. Gutierrez was found in a car nearby covered in blood, reports said.
The male relative told police Gutierrez had been abusing them for years.
Assistant Prosecutor Kevin Day said Gutierrez was also firing a gun in the house because he was upset a gun was missing.
Gutierrez pistol-whipped both relatives and tried to suffocate the woman with a pillow, Day said. Gutierrez lived with both victims.
Both victims were notified of the hearing but did not attend the sentencing.
“They both are still afraid of the defendant as they are afraid he will get out [of prison] and harm them,” Day said.
Defense attorney John Juhasz says Gutierrez has a mental illness and tried to get treatment before. This is also his first felony.
Gutierrez was shooting a gun because he thought someone was attacking his house, Juhasz said.
Juhasz suggested some sort of community control sentence where Gutierrez could stay with his father and get treatment for his mental illness or serve a minimal term because this would be his first prison term.
His client has already served a year in jail, Juhasz said.
“I would suggest this is a circumstance unlikely to occur again if he gets the proper mental health treatment,” Juhasz said.
Gutierrez apologized, saying his acts were “cowardly.”
“I feel a lot of regret and shame about my actions,” Gutierrez said. “Your honor, please have mercy.”
Judge Donofrio said prison was necessary because of the terror the victims felt. He said he was also puzzled as to why Gutierrez never got mental health treatment before the attacks.