Man arraigned in district court after shooting a BB gun at a home and car windows

Justin Gutierrez | Bonneville County Jail
IDAHO FALLS — A 19-year-old man was arraigned in district court on Thursday after being charged for shooting BB guns at a house and car with a group of minors.
Justin Gutierrez was charged with one count of felony malicious injury to property, six counts of misdemeanor encouraging, aiding or causing a juvenile to come within purview, one count of misdemeanor consuming or possessing an alcoholic beverage under 21 years of age and one count of misdemeanor discharge of a firearm in city limits.
On June 3 around 1:30 a.m., an Idaho Falls Police officer saw a black SUV on Ada Avenue near West Shelley Street.
According to the police report, the officer watched it turn its lights off and drive up the length of a house before breaking. The SUV did this three more times before it sped up and turned onto West Crowley Street.
The officer tried to catch up with the SUV, but lost track of it while circling around the surrounding neighborhoods. That’s when the officer noticed a blue Subaru Legacy with shattered windows and glass on the ground. As they got out of the police car to investigate, a man walked out of a house on West Crowley and told the officer he heard gunshots.
He then showed the officer a video with footage of a “black SUV pull up next (to) the Subaru and then you could hear the sounds of a BB gun being shot,” according to court documents.
As they were watching, the officer saw the black SUV backing up down the street, and got into his police car to try to catch up to the driver.
The SUV began speeding, but eventually turned into a driveway on North Boulevard. The officer saw the SUV’s reverse lights come on and noticed it was a GMC Yukon.
The GMC then backed out of the driveway, so the officer initiated a traffic stop.
The GMC pulled to the side of the road on West Shelley, and the officer reportedly noticed eight occupants in the vehicle. According to the officer, some of the passengers were bent over, trying to hide.
The driver, identified as Gutierrez, said he was picking up his friends to go to his house in Rexburg. According to the officer, “the passengers would not make eye contact and appeared nervous.”
Everyone in the car was detained, and officers found a .77 CO2 BB pistol that was “loaded with a CO2 cartridge and BBs under the front passenger seat.” They also found a bag of BBs on the front passenger seat.
When asked why he had circled the area three times, Gutierrez said he “is not from here and was not sure where he was going.”
When asked if there were any weapons, BB guns or airsoft guns in the car, Gutierrez reportedly did not respond.
When asked if he had “shot any vehicle windows out” Gutierrez reportedly would not look at the officer or respond.
Officers also found license plates that belonged to the GMC between the seats, two black balaclava masks, vape cartridges, vape pens, a black backpack full of opened Bacardi Bahama Mama alcoholic beverages, more unopened alcoholic beverages and a Crosman .177 caliber air rifle in the vehicle.
Meanwhile, dispatch received a call from a woman who stated her house had been struck by BBs and the damage was worth approximately $1,000.
Officers then confronted Gutierrez and a minor who was accused of shooting the BB gun.
The minor initially denied shooting the BB gun, until Gutierrez told the officer it was the minor who had been shooting. At that point, the minor admitted to it.
According to court documents, Gutierrez said the BB gun shooting was in retaliation for a man not paying back money he had stolen from him.
When the officer made contact with the homeowners, they were able to provide police with video surveillance of the incident.
A warrant was issued for Gutierrez’s arrest on June 26, and he was booked into the Bonneville County Jail.
His bail was set to $25,000, but he was released to pre-trial services on Thursday.
Gutierrez is expected to appear for a preliminary hearing on July 18. If convicted, he could face up to 9 years in prison and $9,000 in fines.
Though Gutierrez has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.
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Source: eastidahonews.com